Sebastian George, v. The Hdfc Bank Ltd.
Case brief
What is this about?
The Court, on an undertaking by the petitioner to repay the overdue amount with property security, ordered the release of the vehicle and closure of the civil petition, agreeing to regularize future installments if conditions were met. Petitioner listed Exhibit P1-P4, including prior orders and arbitration filings, with no further orders noted.
What did the court decide?
Vehicle released forthwith upon repayment of Rs.2,51,750 and submission of property security; future installments to be regularized.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
OP(C).No. 907 of 2019
AGAINST THE ORDER IN OP(ARBITRATION)NO. 228/2019 of DISTRICT COURT, KOZHIKODE DATED 31-01-2019
PETITIONER/S:
SEBASTIAN GEORGE, AGED 68 YEARS S/O. GEORGE, VETTUKALLUMPURATH, KALLURUTHY, THOTTATHINKADAVE, KOODARANHI, THIRUVAMBADY, KOZHIKODE-673603.
BY ADV. SMT.BIMALA BABY
RESPONDENT/S:
THE HDFC BANK LTD. HAVING ITS REGD. OFFICE AT HDFC BANK HOUSE, SENAPATI BAPAT MARG, WEST MUMBAI-400013, AND ITS BRANCH OFFICE AT SIMAX TOWER, WEST NADAKKAVU, CALICUT REPRESENTED BY ITS AUTHORIZED OFFICER, MANOJ V KRISHNAN, PIN-673011.
Issues for consideration
3 issues framed by the court
Whether the civil petition regarding release of vehicle upon repayment can be closed upon undertaking and security.
Whether the court can regularize future installments upon fulfillment of conditions by the petitioner.
Whether the undertaking to repay overdue amount with property security is sufficient for closing the petition.
Parties & counsel
- petitioner
Sebastian George
- respondent
HDFC Bank Ltd.
Coram
Sunil Thomas
Case details
As recorded by the court registry
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