Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 WP(C) NO. 32946 OF 2023 PETITIONER:
MUHAMMED RASHID VANIYA PEEDIYEKKAL AGED 37 YEARS, S/O KUNHEEN HAJI PROPRIETOR, SHREELA PACKS, 12/387, KULUKKALLUR, PATTAMBI, PALAKKAD, PIN – 679 337.
BY ADVS.
ABHIJITH E.R.
SNEHA M.S.
RESPONDENTS:
1 TATA CAPITAL FINANCIAL SERVICES LTD GROUND FLOOR, JAIN TOWER, 2, OLD NH17, NEAR LULU MALL, NETHAJI NAGAR, EDAPPALLY, KOCHI, ERNAKULAM, KERALA, PIN – 682 024 (APPOINTED UNDER THE SARFAESI ACT) 2 THE AUTHORISED OFFICER, (APPOINTED UNDER THE SARFAESI ACT) TATA CAPITAL FINANCIAL SERVICES LTD GROUND FLOOR, JAIN TOWER, 2, OLD NH17, NEAR LULU MALL, NETHAJI NAGAR, EDAPPALLY, KOCHI, ERNAKULAM, KERALA, PIN – 682 024.
BY ADV PAULOCHAN ANTONY – STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated this the 26th day of October, 2023 The petitioner submits that the petitioner has taken two vehicle loans from the 1st respondent and six installments were defaulted as on date. According to the petitioner, the defaulted amount would be ₹3,14,000/-.
2.
Standing Counsel for the respondents submits that he would require time to get instructions. No coercive proceedings have been taken against the petitioner as on date.
3.
The petitioner submits that if the respondents are taking forceful physical possession of the vehicles, the petitioner will be put to untold hardship.
In the facts of the case, the writ petition is disposed of directing that if the petitioner remits an amount of ₹1,00,000/- within a period of three weeks and approaches the respondents for regularisation of the loan account, the
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respondents will take appropriate decision in accordance with law. The statement made on behalf of the respondents that no coercive proceedings have been taken against the petitioner as on date, is recorded.
Sd/- N. NAGARESH JUDGE AMR
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APPENDIX OF WP(C) 32946/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21/12/2018 ISSUED TO THE PETITIONER EVIDENCING HIS PROPRIETORSHIP OF M/S SHREELA PACKS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1.
Exhibit P2 A TRUE COPY OF THE GST CERTIFICATE DATED 27/02/2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS BUSINESS CONCERN AT MAHARASHTRA IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2.
Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 7242 DATED 08/04/2022 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.
Exhibit P4 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF GOODS VEHICLE NUMBER MH 04 KU 7240 DATED 08/04/2022 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4.