Allowed

Royson Joseph v. M/S.Shriram Transport Finance

Kerala HC13 Sept 2017WP(C)/27234/2017

Case brief

AI extract

What is this about?

Petitioner challenged recovery proceedings alleging no attempt at possession despite loan default. Court allowed compromise: respondents to communicate due amount within two weeks; petitioner to pay via 15 instalments; single default permits repossession.

What did the court decide?

Direction to respondents to communicate dues within two weeks. Petitioner to pay via 15 monthly instalments starting 15.10.2017. Single default permits respondent to take possession of vehicle.

Royson Joseph Vs M/S.Shriram Transport Finance — Contract and Commercial Disputes | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2017/22ND BHADRA, 1939

¶5

WP(C).No. 27234 of 2017 (D)

¶6

PETITIONER(S):

¶7

ROYSON JOSEPH,

¶8

AGED 53 YEARS, S/O. JOSEPH, PADIKKAPARAMBIL HOUSE, RAIL ROAD, ALUVA, ERNAKULAM DISTRICT, PIN-683 101.

¶9

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

¶10

RESPONDENT(S):

¶11

1. M/S. SHRIRAM TRANSPORT FINANCE CO. LTD., 1ST FLOOR, 36/847, NEAR KRISHNA NURSING HOME, CHITTUR ROAD, ERNAKULAM-682 016, REPRESENTED BY ITS MANAGER.

¶12

2. THE SUB INSPECTOR OF POLICE, ERNAKULAM NORTH POLICE STATION, ERNAKULAM-682 018.

¶13

R1 BY ADV. SMT.REKHA NAIR.

¶14

R2 BY GOVT. PLEADER SMT.VINEETHA HARIRAJ.

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

rs.

¶17

WP(C).No. 27234 of 2017 (D)

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:-

¶20

EXHIBIT P1 TRUE COPY OF THE LAWYER NOTICE DATED 28.05.2016 SENT BY SMT.SHIBEENA V.M ADDRESSED TO THE PETITIONER AND ANOTHER.

¶21

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE 1ST RESPONDENT RELATING TO BUS NO.KL-41G-6540 ON 19.07.2016.

¶22

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. VINOD CHANDRAN, J.

¶27

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

¶28

W.P(C). No.27234 of 2017 [D]

¶29

---------------------------------Dated this the 13^th day of September, 2017

¶30

JUDGMENT

¶31

The petitioner is aggrieved with the alleged attempt of taking into possession of a stage carriage vehicle. The petitioner admittedly had availed finance from the 1^st respondent for purchase of a stage carriage bearing Registration No.KL-41G-6540. The petitioner also admits default having been occasioned in the loan account.

¶32

The learned counsel appearing for the 1^st respondent submits that as of now there is no attempt to take possession and the petitioner has rushed to this Court since an arbitration

¶33

W.P(C). No.27234 of 2017 [D]

¶34

¶35

case has been filed against the petitioner. It

¶36

is also submitted that the loan period has expired and there is a total default of Rs.15,07,492/-. The petitioner seeks

¶37

instalments to settle the entire liability to the respondents.

¶38

In such circumstances, I am of the view

¶39

that some indulgence can be shown to the petitioner and the following directions are issued:

¶40

(i) The respondents shall compute the

¶41

amounts due as on 30.09.2017, which shall be communicated within a period of two weeks to the petitioner through registered post.

¶42

(ii) The petitioner shall pay off the said

¶43

amounts in 15 equal monthly instalments starting from 15.10.2017 and continued on the

¶44

W.P(C). No.27234 of 2017 [D]

¶45

¶46

15^th of every succeeding month.

¶47

(iii) If one default is made, the

¶48

respondents would be entitled to take

¶49

possession of the vehicle.

¶50

The writ petition is disposed of.

¶51

Sd/-

¶52

K. VINOD CHANDRAN, JUDGE.

¶53

//True Copy//

¶54

P.A. to Judge

¶55

sp/13/09/17

Royson Joseph v. M/S.Shriram Transport Finance

Case brief

What is this about?

What did the court decide?

Royson Joseph v. M/S.Shriram Transport Finance

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Indu M.S Vs Lekha C. Nair @ S. Lekha

Binu Abraham @ Binu Kuriakose Vs State of Kerala

Jobby Paul Vs the Kattoor Grama Panchayath

C.R.Narayana Das Vs the Tahsildar, Mukundapuram

Sumathi Vs the District Employment Officer

B.P. Bijesh Vs State of Kerala