Partly allowed

Hdfc Bank v. Swamynathan T.S.

Kerala HC1 Jan 2009WP(C)/23011/2008

Case brief

AI extract

What is this about?

High Court, Kerala hearing Writ Petitions arising from an arbitration proceedings. The Petitioner is a bank seeking to set aside an order releasing an attached vehicle. The Court directed the debtor to produce the attached vehicle to the District Judge within one week.

What did the court decide?

Debtor directed to produce the vehicle ordered attached before District Judge, Palakkad within one week. Writ Petition No.23011/08 allowed in part; W.P. No.28866/08 dismissed.

Hdfc Bank Vs Swamynathan T.S. — Banking and Recovery | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930

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WP(C).No.23011 of 2008 (M) ----------------------------------AGAINST THE ORDER IN IA 887/2008 IN OP(ARB).151/2007 of DISTRICT COURT, PALAKKAD

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PETITIONER:

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---------------

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M/S. HDFC BANK, FORMERLY CENTURION BANK OF PUNJAB LTD., THRISSUR BRANCH, REP. BY ITS MANAGER LEGAL SUMIT.P. PRASAD.

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BY ADV. SRI.T.RAJESH

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RESPONDENT:

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----------------

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SWAMYNATHAN.T.S, S/O. SUBRAMANIAN, THERAYANGOD HOUSE, EZHIKKAD.P.O, MUNDUR, PALGHAT.

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ADV. SRI.I.DINESH MENON

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, ALONG WITH WPC NO. 28866 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23011 of 2008 (M)

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APPENDIX

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PETITIONER'S EXTS:-

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EXT.P1:- THE TRUE COPY OF THE ARBITRATION O.P. NO.151/07 OF DISTRICT COURT, PALAKKAD DT.04/12/07.

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EXT.P2:- THE TRUE COPY OF THE I.A. NO.1732/07 IN ARBITRATION O.P. NO.151/07 DT.04/12/07.

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EXT.P3:- A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT.

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EXT.P4:- THE TRUE COPY OF THE ORDER IN I.A. NO.1732/07 IN ARBITRATION O.P. NO.151/07 DT.26/03/08.

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EXT.P5:- THE TRUE COPY OF THE PETITION FIELD BY THE RESPONDENT I.A.887/08.

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EXT.P6:- A TRUE COPY OF I.A. NO.962/08 SEEKING MANDATORY INJUNCTION.

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EXT.P7:- TRUE COPY OF THE COMMON ORDER IN I.A.887 AND 962 OF 2008 DT.03/07/08 ARB. O.P.151/07.

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EXT.P8:- PHOTOCOPY OF THE EXTRACT OF ACCOUNTS NO.90975212 OLD NO.2051F 40346582 OF CBOP.

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K.P.BALACHANDRAN, J.

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W. P. C. Nos.23011 & 28866 of 2008

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Dated this the 1^st day of January, 2009

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JUDGMENT

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The first of these Writ Petitions is

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filed by the creditor/Bank and the latter one is filed by the debtor and both arise out of O.P.(Arb).151/07 on the file of the District Court, Palakkad. Strangely enough the prayer in both these Writ Petitions is the same namely to set aside the common order dt.03/07/08 on I.A Nos.887/08 and 962/08 in O.P.(Arb) No.151/07. As per the impugned common order, the District Court has ordered Ashok Leyland Bus bearing registration No.KL9U-1282 being released after attachment on the debtor executing kachit to the creditor/Bank on conditions inter alia that the debtor/hirer shall pay Rs.40,000/- per month to the Bank on or before 15^th of every month and that in case of default of any one of the instalments the

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-2-

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W. P. C. Nos.23011 & 28866 of 2008

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kachit will stand cancelled and the vehicle will be proceeded against; that the debtor shall produce the vehicle before court as and when directed etc. It is submitted that ever after the impugned order not a pie is deposited by the debtor in the creditor/Bank. It is further seen that as per Ext.P2 the creditor/Bank sought for an attachment of the above Bus by a conditional order in the event of the debtor not furnishing security for an amount of Rs.14,56,072/-. After hearing the debtor as well, vide Ext.P4 order the court below directed the attachment being kept in abeyance till 21/05/08 directing further that in the meanwhile, the debtor shall furnish sufficient security for the claim involved in the arbitration. However, no security was furnished either within the time specified or thereafter. The debtor moved Ext.P5 petition for an order directing release of the vehicle

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-3-

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W. P. C. Nos.23011 & 28866 of 2008

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on executing a kachit though attachment had not been effected and the creditor filed Ext.P6 petition for an order directing the debtor to give back possession of the vehicle to the creditor/Bank. It is on those petitions that the impugned order has been passed. The debtor having not executed any kachit or paid any amount, I direct the debtor to produce the vehicle ordered to be attached by the court below before the District Judge, Palakkad positively within one week from today. Writ Petition No.23011/08 is thus, allowed in part and Writ Petition No.28866/08 is dismissed as the petitioner/debtor has not deposited any amount and he is not entitled also to any relief.

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K.P.BALACHANDRAN, JUDGE

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kns/-

Hdfc Bank v. Swamynathan T.S.

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Swamynathan T.S.

Case brief

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