Allowed

Mr. Manoj Raj.R v. Corporation Bank- 0527

Kerala HC10 Jan 2023WP(C)/211/2023

Case brief

AI extract

What is this about?

The Kerala High Court directed the respondent bank to issue a provisional NOC for the petitioner's vehicle permit renewal upon immediate payment of Rs.50,000 and instalment-wise clearance of remaining arrears within 15 months.

What did the court decide?

Directed 2nd respondent to issue provisional NOC upon immediate payment of Rs.50,000 and clearance of balance arrears in 15 equated monthly instalments without EMI default.

Mr. Manoj Raj.R Vs Corporation Bank- 0527 — 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 V.G.ARUN

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TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 211 OF 2023

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PETITIONER:

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MR. MANOJ RAJ.R AGED 42 YEARS MINI NIVAS, DARSHAN NAGAR-315, KUDAPPANAKUNNU.P.O, PRESENTLY RESIDING AT SHIVODAYAM, NEDUMON, MUKKOLA, KALLAYAM.P.O, THIRUVANANTHAPURAM., PIN - 695043

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BY ADVS. P.V.ANIL Varghese. N G

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RESPONDENTS:

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1 CORPORATION BANK- 0527 KP III/ 229 12356, NEAR SAMSKARIKA NILAYAM, NALANCHIRA, THIRUVANANTHAPURAM, REP. BY ITS BRANCH MANAGER, PIN - 695015 2 UNION BANK OF INDIA NALANCHIRA PBB, KP III/ 229 12356, NEAR SAMSKARIKA NILAYAM, NALANCHIRA, THIRUVANANTHAPURAM, REP. BY ITS BRANCH MANAGER., PIN - 695015

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OTHER PRESENT:

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SC FOR UBI A.S.P.KURUP;SC FOR CORPN.BANK S.B.PREMACHANDRA PRABHU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).211/2023

JUDGMENT

Dated this the 10^th day of January, 2023

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The petitioner availed a vehicle loan from the 1^st respondent Bank, which subsequently merged with the 2^nd respondent Bank, for purchase of chassis and construction of the structure and body of a 35 seater bus. The loan disbursed on 25.08.2017, was repayable in seven years at an EMI of Rs.34,040/-. According to the petitioner, he remitted an amount of Rs.18,66,346/- and the short fall is only Rs.1,76,054/-. The petitioner's predicament is that, by reason of the arrears, the 2^nd respondent Bank is not issuing the No Objection Certificate to be produced before the Regional Transport Officer, for renewal of the contract carriage permit. The writ petition is filed seeking a direction to the respondent to issue No Objection Certificate, enabling renewal of the contract carriage permit of petitioner's vehicle.

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W.P.(C).211/2023

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I heard the learned Counsel for the petitioner and the learned Standing Counsel.

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Counsel for the petitioner submitted that the petitioner is ready and willing to pay the arrear amount in reasonable instalments and, in the meanwhile, the 2^nd respondent may be directed to issue atleast provisional NOC.

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Learned Standing Counsel for the 2^nd respondent Bank submitted that the amount in arrears, as on 05.01.2023, comes to Rs.7 Lakhs and the Bank will issue provisional NOC only if a substantial amount is paid towards arrears.

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The writ petition is accordingly disposed of with the following directions;

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The petitioner shall remit an amount of Rs.50,000/immediately. On such remittance, the 2^nd respondent shall issue provisional NOC to the petitioner. Issuance of provisional NOC will be subject to the petitioner remitting the balance amount due towards the arrears in 15 equated

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W.P.(C).211/2023

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monthly instalments commencing from 20.02.2023. The petitioner should also pay the regular EMIs without default. Default in any of the conditions will result in the benefit granted under this judgment being withdrawn.

Sd/-

V.G.ARUN

JUDGE

W.P.(C).211/2023

APPENDIX OF WP(C) 211/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-01-CE- 336 BY NO. B2484445 DATED 22.12.2017 ISSUED BY THE ADDITIONAL REGIONAL TRANSPORT OFFICER, TRIVANDRUM.
Exhibit P2	THE TRUE COPY OF THE HEAVY DRIVING LICENSE WHICH IS ISSUED IN THE NAME OF THIS PETITIONER DATED 12.04.2018, WHICH IS ISSUED BY THE RTO, THIRUVANANTHAPURAM.
Exhibit P3	TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 22.12.2017 ISSUED BY THE SECRETARY RTA, THIRUVANANTHAPURAM IN THE NAME OF THE PETITIONER.
Exhibit P4	THE TRUE COPY OF THE TRANSACTION DETAILS OF THE PETITIONER TOWARDS THE EMI, IN THE LOAN TRANSACTION WITH THE 1ST AND THE 2ND RESPONDENTS, FOR THE PERIOD FROM DECEMBER 2017 TO 29.12.2020.
Exhibit P5	TRUE COPY OF THE CERTIFICATE BY NO. C1/KL-01 CE336/T/2020 DATED 15.12.2020, ISSUED BY THE RTO, THIRUVANANTHAPURAM.
Exhibit P6	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 18,000/- ON 11.03.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P7	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 15,000/- ON 11.04.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P8	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 35,000/- ON 26.04.2022 PAID FROM THE

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W.P.(C).211/2023

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	PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P9	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 5,000/- ON 30.04.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P10	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 15,000/- ON 18.05.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P11	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 25,000/- ON 26.05.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P12	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 4,000/- ON 01.06.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P13	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 10,000/- ON 04.06.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P14	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 10,000/- ON 16.06.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P15	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 40,000/- ON 28.07.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND

W.P.(C).211/2023

RESPONDENT BANK.

Exhibit P16	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 30,000/- ON 28.07.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P17	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 15,000/- ON 17.08.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P18	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 5,000/- ON 19.08.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P19	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 8,000/- ON 29.08.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P20	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 17,000/- ON 30.08.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P21	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 25,000/- ON 19.09.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P22	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 20,000/- ON 27.09.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.

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W.P.(C).211/2023

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Exhibit P23	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 25,000/- ON 29.09.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P24	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 20,000/- ON 13.10.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P25	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 50,000/- ON 28.10.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P26	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 31,000/- ON 31.10.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P27	TRUE COPY OF THE INSURANCE CERTIFICATE ISSUED ON 27.10.2022 ISSUED BY IFFCO-TOKIO GENERAL INSURANCE CO. LTD IN THE NAME OF THE PETITIONER.
Exhibit P28	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 15,000/- ON 13.12.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P29	TRUE COPY OF THE GOOGLE PAY DETAILS OF RS. 10,000/- ON 14.12.2022 PAID FROM THE PETITIONER'S SBI BANK ACCOUNT TO THE LOAN ACCOUNT OF THE PETITIONER, IN THE 2ND RESPONDENT BANK.
Exhibit P30	TRUE COPY OF THE TRANSACTION DETAILS OF THE PETITIONER TOWARDS IN EMI, IN THE LOAN TRANSACTION WITH THE RESPONDENTS 1 AND 2 FOR

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W.P.(C).211/2023

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THE PERIOD FROM 11.03.2022 TILL 22.12.2022.

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Exhibit P31 TRUE COPY OF THE PAY IN SLIP, FOR AN AMOUNT OF RS. 2,00,000/- DATED 22.12.2022, CREDITED IN THE ACCOUNT OF THE PETITIONER'S LOAN ACCOUNT BY NO. 560771000182324, IN THE 2ND RESPONDENT BANK. Exhibit P32 TRUE COPY OF THE APPLICATION FOR THE RENEWAL OF PERMIT OF THE PETITIONER'S VEHICLE BEARING REG. NO. KL-01-CE-336 ON 21.12.2022. Exhibit P33 TRUE COPY OF THE RECEIPT OF ONLINE PAYMENT OF RENEWAL OF PERMIT OF THE PETITIONER'S VEHICLE, ISSUED IN THE NAME OF THE PETITIONER DATED 21.12.2022.

Mr. Manoj Raj.R v. Corporation Bank- 0527

Case brief

What is this about?

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Mr. Manoj Raj.R v. Corporation Bank- 0527

Case brief

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