In this writ appeal, the High Court of Kerala dismissed the appellant's challenge to the dismissal of a writ petition filed against HDFC Bank seeking regularization of a loan and return of a seized vehicle, finding no merit in the appeal.
The writ appeal is dismissed. No regularization of loan or return of vehicle is ordered via appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020/23RD MAGHA, 1941
WA.No.61 OF 2015(B)
AGAINST THE ORDER/JUDGMENT IN WPC 23525/2014 DATED 17-12-2014 OF HIGH COURT OF KERALA
APPELLANT/S:
PRADEEP, AGED 48 YEARS S/O.NALINKSHAN, PRANAVAM, PUTHENKULAM P.O., KOLLAM DISTRICT, PIN: 691 302.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENT/S:
1 THE BRANCH MANAGER, M/S.H.D.F.C. BANK LTD. RETAIL LOAN SERVICE CENTRE, VGP BUILDING, NEAR IRON BRIDGE, KOLLAM - 691 001.
2 THE AUTHORIZED SIGNATORY, M/S.HDFC BANK LTD., T.C.25/2344, PREMIER TOWERS, AYURVEDA COLLEGE JN, M.G.ROAD, THIRUVANANTHAPURAM - 695 001.
3 MS.HDFC BANK LTD. REPRESENTED BY ITS MANAGING DIRECTOR HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL (WEST) MUMBAI - 400 013.
4 THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNER, RESERVE BANK OF INDIA, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, MUMBAI - 400 001.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.61 OF 2015(B)
..2..
J U D G M E N T
S.Manikumar, CJ.
Being aggrieved by the seizure of the vehicle bearing Reg.No.KA-
09-C-0572 purchased under hire-purchase agreement by M/s HDFC Bank Ltd., Kollam, appellant filed WP(C) No. 23525 of 2014 seeking the following reliefs:
“i) Call for the records pertaining to Ext P-2 seizure letter declare that the said seizure of petitioner's Vehicle bearing No.KA-09-C- 0572 by respondents 1 to 3 are illegal and in violation of the mandates given by the Hon'ble Supreme Court of India in reported in I.C.I.C.I. Bank LTD Versus Prakash Kaur & Ors reported in AIR 2007 SC 1349”
ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to regularize the loan of the petitioner pertaining to his Vehicle bearing No. KA-09-C- 0572, on accepting the pending arrears from the petitioner and return the Vehicle forthwith to him.
iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to oversee the functioning of the 3rd respondent in such a way that no directions issued by the Apex court and the guidelines issued by the 4th respondent in such matters are not violated by it in future.
iv) To grant any other appropriate relieves that this Hon'ble Court may deem fit and proper considering the nature and
WA.No.61 OF 2015(B)
..3..
circumstances of the case.”
that a private sector bank is not amenable to Article 226 of the Constitution, writ court, by judgment dated 17.12.2014, dismissed WP(C) No. 23525 of 2014. Being aggrieved by the dismissal of the writ petition as above, instant writ appeal is filed.
Accordingly, writ appeal is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Bka/12.02.2020
1 issue framed by the court
Whether the High Court should interfere with the dismissal of the writ petition filed by a consumer seeking regularization of a loan and return of an impounded vehicle.
Colour shows how this judgement treated each authority
I.C.I.C.I. Bank LTD Versus Prakash Kaur & OrsReferred¶24
I.C.I.C.I. Bank LTD Versus Prakash Kaur & Ors reported in AIR 2007 SC 1349 · Who else cites this
Federal Bank v. Sagar ThomasReferred¶31
Federal Bank v. Sagar Thomas [2003 (3) KLT 876]
Pradeep
The Branch Manager, M/s. H.D.F.C. Bank Ltd.
The Authorized Signatory, M/s. HDFC Bank Ltd.
M/s. HDFC Bank Ltd.
The Reserve Bank of India
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
