Dismissed

Kalaivani v. Union Bank of India

Madras HC5 Oct 2023WP(MD)/15165/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed three writ petitions filed by borrowers seeking directions to finance companies not to seize their vehicles. The court held that such an order would virtually tie the hands of lenders from recovering dues and decided there were no merits in the petitions.

What did the court decide?

All three writ petitions were dismissed. The requests to prohibit vehicle seizure were denied. No costs were awarded.

Kalaivani Vs Union Bank of India — Contract and Commercial Disputes | Madras HC (2023)

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.10.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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and

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W.M.P.(MD)No.12782 of 2020 in W.P.(MD)No.15165 of 2020

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W.P.(MD)No.15165 of 2020:-

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Kalaivani, W/o.S.Manickavasagam

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.. Petitioner

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Versus

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1.Union Bank of India

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Rep. by its Secretary, Ministry of Finance Department, Nirmalbhawan, New Delhi.

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2.The Reserve Bank of India No.6 Sansadmarg, Sansadmarg Area, New Delhi, Delhi – 110 001.

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3.The Reserve Bank of India, No.16 Rajaji Salai, Fortglais, Chennai.

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4.The Branch Manager, Shriram Transport Finance Company Ltd., 3^rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

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5.The Branch Manager Shriram Transport Finance Company Ltd., Star Tower, Thillai Nagar, Trichy – 620 018.

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https://www.mhc.tn.gov.in/judis

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1/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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6.The Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District.

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.. Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary and suitable orders to the 4^th and 5^th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 73 U 9394 (2) TN 73 U 3133 (3) TN 28 AF 6475 (4) TN 45 TN 6259 and (5) TN 47 AJ 8335 on the basis of the petitioner's representation, dated 10.10.2020 and take suitable action against the 4^th and 5^th respondents, within the time stipulated by this Court.

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For Petitioner : Mr.V.Selvakumar For R1 : Dr.M.D.Poornachari For R2 and R3: Mr.K.Ashok Kumar Ram Senior Panel Counsel For R4 and R5: Mr.Ananth C.Rajesh For R6 : Mr.R.Sivakumar Government Advocate (Criminal side)

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W.P.(MD)No.15171 of 2020:-

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S.Manickavasagam .. Petitioner

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Versus

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1.Union Bank of India Rep. by its Secretary, Ministry of Finance Department, Nirmalbhawan, New Delhi.

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https://www.mhc.tn.gov.in/judis

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2/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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2.The Reserve Bank of India

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No.6 Sansadmarg, Sansadmarg Area, New Delhi, Delhi – 110 001.

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3.The Reserve Bank of India, No.16 Rajaji Salai, Fortglais, Chennai.

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4.The Branch Manager, Shriram Transport Finance Company Ltd., 3^rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

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5.The Branch Manager Shriram Transport Finance Company Ltd., Star Tower, Thillai Nagar, Trichy – 620 018.

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6.The Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District. .. Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary and suitable orders to the 4^th and 5^th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 57 AK 9727 (2) TN 88 A 3186, on the basis of the petitioner's representation, dated 10.10.2020 and take suitable action against the 4^th and 5^th respondents within the time stipulated by this Court.

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For Petitioner : Mr.V.Selvakumar For R1 : Mr.V.Malaiyendran Central Government Standing Counsel For R4 and R5: Mr.Ananth C.Rajesh

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https://www.mhc.tn.gov.in/judis

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3/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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For R6 :

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Mr.R.Sivakumar

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Government Advocate (Criminal side)

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W.P.(MD)No.15587 of 2020:-

M.Nathiya

.. Petitioner

Versus

1.Union Bank of India Rep. by its Secretary, Ministry of Finance Department, Nirmalbhawan, New Delhi.

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2.The Reserve Bank of India No.6 Sansadmarg, Sansadmarg Area, New Delhi, Delhi – 110 001.

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3.The Reserve Bank of India, No.16 Rajaji Salai, Fortglais, Chennai.

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4.The Competent Officer, Zonal Office, Shriram Transport Finance Company Ltd., 3^rd Floor, No.81 Bye Pass Road, Madurai, Madurai District.

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5.The Branch Manager Shriram Transport Finance Company Ltd., 1^st Floor, No.213/6, Sedar Street, Sulthanpet, Paramathivelur, Namakkal District.

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6.The Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District. .. Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue

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https://www.mhc.tn.gov.in/judis

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4/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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necessary and suitable orders to the 4^th and 5^th respondents not to seize the petitioner's vehicles bearing registration numbers (1) TN 47 AJ 6429 (2) TN 47 AJ 6423, on the basis of the petitioner's representation, dated 12.10.2020 and take suitable action against the 4^th and 5^th respondents within the time stipulated by this Court.

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For Petitioner : Mr.V.Selvakumar For R1 : Mr.V.Malaiyendran Central Government Standing Counsel For R6 : Mr.R.Sivakumar Government Advocate (Criminal side)

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COMMON ORDER

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These Writ Petitions have been filed for a direction to the Finance Companies not to seize the vehicles belonging to the petitioners.

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2. Heard the learned counsel appearing for the parties.

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3. The relief sought for by the petitioners cannot be granted by this

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Court, since the petitioners are seeking for an omni bus relief, which will virtually tie the hands of the Finance Companies from recovering the dues from the petitioners, who are admittedly the borrowers of the loan from the Finance Companies.

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https://www.mhc.tn.gov.in/judis

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5/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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4. It is now a settled law that the Finance Company will be the owner of

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the vehicle till the last instalment is paid by the borrower. Therefore, if a direction is issued by this Court in the manner in which it has been sought for by the petitioners, no Finance Company can recover the loan amounts from the borrowers. This Court does not find any merits in the present Writ Petitions. Accordingly, all the Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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NCC : Yes/No 05.10.2023 Index : Yes/No smn2 To

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1.The Secretary, Union Bank of India, Ministry of Finance Department, Nirmalbhawan, New Delhi.

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2.The Reserve Bank of India No.6 Sansadmarg, Sansadmarg Area, New Delhi, Delhi – 110 001.

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3.The Reserve Bank of India, No.16 Rajaji Salai, Fortglais, Chennai.

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4.The Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District.

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https://www.mhc.tn.gov.in/judis

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6/7

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W.P.(MD)Nos.15165, 15171 & 15587 of 2020

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N.ANAND VENKATESH, J.

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smn2

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Common order in W.P.(MD) Nos.15165, 15171 and 15587 of 2020 and W.M.P.(MD)No.12782 of 2020 in W.P.(MD)No.15165 of 2020

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https://www.mhc.tn.gov.in/judis

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05.10.2023

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Kalaivani v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Kalaivani v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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