Petitioner challenged bank's possession of vehicle he purchased. Upon admission, interim order directed delivery upon payment. Court closed petition as facts established discharge of liability and possession handed over post-admission.
Writ petition closed as no dispute remains regarding possession after bank handed over vehicle.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937
WP(C).No. 3295 of 2016 (J)
PETITIONER(S):
-----------------------
N.H.SIDHIK, AGED 52 YEARS, S/O.HASSANKUNJU, MARATTIKUNNEL HOUSE, THODUPUZHA.
BY ADV. SRI.ZAKEER HUSSAIN
RESPONDENT(S):
-------------------------
1. THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA, SAINIKA SCHOOL BRANCH, KAZHAKOOTTAM P.O.,
2. CENTRAL BANK OF INDIA,
3. ROHIT BALAN, S/O.BALAN, PADMA VILASAM,NEDUMKANDAM P.O., KADAKKAVUR,
R1 & R2 BY ADV. SRI.K.M.ANEESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 3295 of 2016 (J)
APPENDIX
PETITIONER(S)' EXHIBITS -------------------------------------
P1: TRUE COPY OF THE REGISTRATION CERTIFICATE P2: TRUE COPY OF THE SALE LETTER P3: TRUE COPY OF THE TAX RECEIPT P4: TRUE COPY OF THE REGULAR PERMIT NO.200/38/1994 RESPONDENT(S)' EXHIBITS: ----------------------------------------NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C) No.3295 of 2016
JUDGMENT
The petitioner, who had purchased a vehicle from the 3rd respondent, who had offered the said vehicle as security to the respondent bank for availing a loan from the said bank, has approached this Court aggrieved by the steps taken by the respondent bank for possession of the vehicle, that he had purchased. When the matter came up for admission, this Court had by an interim order, directed the 1st and 2nd respondents to deliver possession of the vehicle, which the said respondent had already taken by then, to the petitioner on the petitioner paying an amount of Rs. 3,60,000/-, within a week from 04.02.2016. When the matter was called up today, it is submitted by counsel for the parties that, during the interregnum, the petitioner has discharged the liability of the 3rd respondent to the respondent bank and the respondent bank has handed over possession of the vehicle to the petitioner, and the loan account of the 3rd respondent with the respondent bank stands closed. Taking note of the said submission of counsel for the parties and finding that nothing survives to be adjudicated in the writ petition, the writ petition is closed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
N.H. Sidhik
The Authorised Officer, Central Bank of India, Sainika School Branch, Kazhakootam P.O., Thiruvananthapuram
Central Bank of India
Rohit Bala
A.K. Jayasankaran Nambiar
As recorded by the court registry
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