Dismissed

Abdu Saleem C.T., v. M/S. Indus Ind Bank Limited

Kerala HC6 Dec 2023WP(C)/1491/2023

Case brief

AI extract

What is this about?

The petitioner sought writ relief to regularize a bank loan and recover a vehicle. Having failed to adhere to interim directions to pay the outstanding amount, the High Court dismissed the writ petition, holding the petitioner not entitled to further relief or installment opportunities.

What did the court decide?

The writ petition was dismissed; no further reliefs were granted to the petitioner regarding loan regularization or vehicle release.

Abdu Saleem C.T., Vs M/S. Indus Ind Bank Limited — Banking and Recovery | Kerala HC (2023)

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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 N.NAGARESH

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WEDNESDAY, THE 6^TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 WP(C) NO. 1491 OF 2023

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PETITIONER:

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ABDU SALEEM C.T., AGED 41 YEARS S/O. KUNHI MOYIN, KUYYILAN KUNNU HOUSE, MONGAM P.O., MORAYUR, MALAPPURAM DISTRICT, PIN - 673642 BY ADV K.RAKESH

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RESPONDENT:

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M/S. INDUS IND BANK LIMITED MALAPPURAM BRANCH, PEEKAY'S ARCADE, OPP PRIVATE BUS STAND, DOWN HILL, MALAPPURAM, KERALA, PIN - 676 519, REPRESENTED BY ITS CHIEF MANAGER, PIN - 676519

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BY ADV VARGHESE C.KURIAKOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.1491/2023

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N.NAGARESH, J.

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W.P.(C) No.1491 of 2023

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Dated this the 6^th day of December, 2023

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JUDGMENT

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The petitioner, who has availed financial advance from the

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respondent-Bank, filed this writ petition seeking the following

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reliefs:-

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i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondent to regularise the loan of the petitioner by permitting him to pay the overdue amount.

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ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondent to return car bearing registration No.KL-10-BA-7775 to the petitioner upon remittance of the overdue amount.

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iii) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.

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When this writ petition came up for admission on

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11.04.2023, this Court passed an interim order to the following

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effect:-

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“Admit. Standing Counsel takes notice for the respondent. Standing Counsel submits that an amount of Rs.3,36,449/- is the overdue and the vehicle was taken possession on 16.12.2022. The petitioner prays that he may be permitted to pay the entire overdue amount and get release of the vehicle. There will be an interim direction to the petitioner to pay the amount of Rs.3,36,449/- along with interest and costs within 20 days from today. If the sale has not taken place, the

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W.P.(C) No.1491/2023

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: 3 :

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respondent shall give back the possession of the vehicle to the petitioner after receipt of the above amount. Post after vacation.”

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When the case came up again on 22.11.2023, the counsel for the petitioner submitted that the petitioner could not remit the amount as directed by this Court on 11.04.2023. The petitioner submitted that he will be able to clear the entire outstanding amount along with accrued interest thereon within a period of two weeks. Accordingly, the writ petition was posted to 06.12.2023.

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When this writ petition came up for hearing today, the counsel for the petitioner submits that the petitioner could not make the payments as undertaken before this Court.

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The Standing Counsel for the respondent-Bank submitted that the total outstanding amount payable by the petitioner would be Rs.8,77,964/-. The petitioner has not adhered to the directions given by this Court.

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Heard.

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The petitioner is before this Court seeking to clear

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the outstanding the amount in instalments. This Court granted the petitioner an opportunity to pay a part of the overdue

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W.P.(C) No.1491/2023

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: 4 :

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amount alone within twenty days. The petitioner could not pay

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the same.

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In such circumstances, the petitioner is not entitled to any

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further reliefs from this Court. The writ petition is dismissed.

Sd/-

N.NAGARESH JUDGE

bng

W.P.(C) No.1491/2023

: 5 :

APPENDIX OF WP(C) 1491/2023

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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF C.M.P.NO.3145/2022 FILED BY THE RESPONDENT BEFORE THE HON'BLE C.J.M, MANJERI ON 28-10-2022

Abdu Saleem C.T., v. M/S. Indus Ind Bank Limited

Case brief

What is this about?

What did the court decide?

Abdu Saleem C.T., v. M/S. Indus Ind Bank Limited

Case brief

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What did the court decide?

What the court decided

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