Disposed

K.K.Haneefa v. the Branch Manager

Kerala HC17 Jan 2020WP(C)/302/2020

Case brief

AI extract

What is this about?

In this writ petition regarding a car loan default, the Kerala High Court directed the Federal Bank to defer proceedings for the sale of the petitioner's seized vehicle until 30.06.2020, allowing the petitioner time to clear outstanding dues to close the account and regain possession.

What did the court decide?

Petitioner directed to clear dues by 30.06.2020; Bank to defer sale and return possession upon clearance.

K.K.Haneefa Vs the Branch Manager — Contract and Commercial Disputes | Kerala HC (2020)

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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 ALEXANDER THOMAS

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FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

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WP(C).No.302 OF 2020(K)

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PETITIONER:

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K.K.HANEEFA AGED 53 YEARS S/O.IBRAHIM HAJI, KAIRALI VILLA, VEEMANGALAM MOODADI NORTH.P.O., KOILANDY KOZHIKODE-673307 BY ADVS. M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN

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RESPONDENTS:

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1 THE BRANCH MANAGER FEDERAL BANK LTD, KOILANDY BRANCH, KOZHIKODE-673016 2 THE AUTHORISED OFFICER, THE FEDERAL BANK LTD, LCRD/KOZHIKODE DIVISION, FEDERAL TOWERS MAVOOR ROAD, ARAYIDATHPALAM, KOZHIKODE-673016

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R1-2 BY ADV. SRI.MOHAN JACOB GEORGE R1-2 BY ADV. SMT.REENA THOMAS R1-2 BY ADV. SMT.NIGI GEORGE R1-2 BY ADV. SMT.P.V.PARVATHY (P-41)

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SRI. MOHAN JACOB GEORGE, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 302 of 2020

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ALEXANDER THOMAS, J.

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======================== WP(C).NO. 302 of 2020

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=======================

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Dated this the 17^th day of January, 2020

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows:

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“i) To issue writ of Mandamus or any other appropriate writ, order directing the respondents not to proceed against the secured assets mentioned in Exhibits P5.

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ii) To issue of a writ of Mandamus or any other appropriate writ, order directing the respondents to give a period of 20 months' time to the petitioner to pay the arrears along with regular installments.

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iii) To issue such other writ, order or direction as this Hon'ble Court may deem fit and property in the facts and circumstances of the case.. ”

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Heard Sri. M.R. Venugopal learned counsel appearing

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for the petitioner and Sri. Mohan Jacob George learned counsel appearing for the respondent (Federal Bank Ltd).

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Sri. M.R. Venugopal learned counsel appearing for the petitioner would submit on the basis of the instructions of his party that the total outstanding dues to be cleared by the petitioner in this Car loan transaction for closure of the loan account is roughly around Rs. 11,93,000/- (Rupees Eleven Lakh

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WPC No. 302 of 2020

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Ninty Three Thousand only)or so and that the petitioner is prepared to clear the entire outstanding dues to be paid in installments within an outer time limit on or before 30.06.2020 so as to clear the outstanding dues and for closure of the loan account and that thereafter the respondent bank may give back possession to the ceased car to the petitioner.

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The learned counsel appearing for the respondent Federal Bank was requested to get instructions in the matter. Today (17.01.2020) when the matter was taken up for consideration Sri. Mohan Jacob George learned counsel appearing for the respondents (Federal Bank Ltd) would submit on the basis of the instructions that the respondent Bank is agreeable to said course of action and is prepared to defer the proposed sale proceedings of the ceased car until 30.06.2020.

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Accordingly it is ordered that it is for the petitioner to take immediate steps to clear the entire outstanding dues in the above said car loan transaction, preferably in installments so that the entire outstanding dues are cleared on or before 30.06.2020. In case the petitioner clears entire outstanding dues as above directed, then the respondent bank will take immediate steps to duly close the car loan account and then give back on possession

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WPC No. 302 of 2020

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of the ceased Toyota Innova car to the petitioner.

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With these observations and directions, the above Writ

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Petition (Civil) stands finally disposed of.

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(Sd/-)

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ALEXANDER THOMAS JUDGE

WPC No. 302 of 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OF THE RC BOOK OF THE VEHICLE NUMBER KL-56-S-6444 EXHIBIT P2 TRUE COPY OF THE NOTICE NO.VRS/KKDE/1407743192/2019-20 DATED 28.06.2019 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ACCOUNT PASS BOOK OF THE PETITIONERS LOAN ACCOUNT EXHIBIT P4 TRUE COPY OF THE INVENTORY DATED 27.12.2019 ALONG WITH PANCHNAMA EXHIBIT P5 TRUE COPY OF THE NOTICE NO.KKDLCRD/13(12)/1407-74-3192 DATED 27.12.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 03.01.2020 SUBMITTED BY THE PETITIONER

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R2(A) COPY OF THE COMMISSION REPORT EXHIBIT R2(B) COPY OF SALE NOTICE.

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//True Copy // PA To Judge

K.K.Haneefa v. the Branch Manager

Case brief

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K.K.Haneefa v. the Branch Manager

Case brief

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