Court disposed of the writ petition upon submission that the underlying banking dispute was settled via mediation. A Memorandum of Agreement was incorporated into the judgment.
Writ petition disposed of based on mediation settlement and Memorandum of Agreement.
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 MR.JUSTICE V.G.ARUN
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
WP(C) NO. 17425 OF 2022
PETITIONER:
AMAL GIREESH AGED 33 YEARS S/O. GIREESAKUMAR K., KARATHOTTATHIL HOUSE, EDAPPALLY NORTH, NEAR BSNL OFFICE, MANNAKUNNAM, ERNAKULAM DISTRICT-682024. BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR ANJALY T.A AISWARYA SOMAN
RESPONDENTS:
1 MAHINDRA & MAHINDRA FINANCIAL SERVICE LIMITED 1ST FLOOR 31/1149 E, K P CHEEKUTTYS MANSION, VYTTILA, CHETTICHIRA SCB ROAD, KOCHI, ERNAKULAM DISTRICT-682019. 2 RESERVE BANK OF INDIA BANERJI ROAD, ERNAKULAM NORTH, LISSIE JUNCTION, KALOOR, ERNAKULAM DISTRICT-682018, REPRESENTED BY ITS SENIOR MANAGER. 3 GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM NO.46, NORTH BLOCK, NEW DELHI-110001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 4 NATIONAL CREDIT GUARANTEE TRUST COMPANY LTD., MINISTRY OF FINANCE, GOVERNMENT OF INDIA, SWAVALAMBAN BHAVAN, C-11, G-BLOCK, BANDRA-KURLA COMPLEX, MUMBAI400051, REPRESENTED BY ITS DIRECTOR. BY ADVS. DEVAPRASANTH.P.J. SHRI.B.RAMACHANDRAN, CGC
WPC. 17425/2022
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC. 17425/2022
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JUDGMENT
Dated this the 10th day of October, 2022
It is submitted that the dispute involved in this writ petition has been settled through mediation. The Memorandum of Agreement is also made available.
The writ petition is accordingly disposed of in terms of the settlement and making the Memorandum of Agreement a part of this judgment.
Sd/-
V.G.ARUN
JUDGE
sb
WPC. 17425/2022
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APPENDIX OF WP(C) 17425/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF CAR BEARING REGISTRATION NO. KL-07 CM 9669. Exhibit P2 TRUE COPY OF THE RE-SCHEDULED REPAYMENT CHART ISSUED BY THE 1ST RESPONDENT RELATING TO THE LOAN AVAILED BY THE PETITIONER FOR VEHICLE MENTIONED IN EXHIBIT P1 WITH EFFECT FROM 5.9.2021. Exhibit P3 TRUE COPY OF THE STATEMENT OF ACCOUNT RELATING TO THE LOAN REPAYMENT UNDER THE REVISED SCHEDULE ISSUED BY THE 1ST RESPONDENT AS ON 25.5.2022. Exhibit P4 TRUE COPY OF THE EMERGENCY CREDIT LINE GUARANTEE SCHEME DECLARED BY THE GOVERNMENT OF INDIA ALONG WITH OPERATIONAL GUIDELINE UPDATE AS ON 30.3.2022.
AMAL GIREESH
MAHINDRA & MAHINDRA FINANCIAL SERVICE LIMITED
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
