High Court Kerala High Court

John Kennadi vs I.C.I.C.I.Bank Limited on 21 June, 2010

Kerala High Court
John Kennadi vs I.C.I.C.I.Bank Limited on 21 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18275 of 2010(H)


1. JOHN KENNADI, S/O.SELVAMANI,
                      ...  Petitioner

                        Vs



1. I.C.I.C.I.BANK LIMITED,
                       ...       Respondent

2. SUSHEELA.G, VIJI VIHAR, M.P.V/150,

3. SIBI.K, VIJI VIHAR, M.P.V/150,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :SRI.P.M.KUNJIMOIDEENKUTTY

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :21/06/2010

 O R D E R
                 P.R.RAMACHANDRA MENON, J
                    --------------------------------------------
                     WP(C) NO. 18275 OF 2010
                    --------------------------------------------
             Dated this the 21st day of June, 2010

                                JUDGMENT

The petitioner, who is a stranger to the loan transaction has

approached this Court because of the coercive steps taken by the 1st

respondent Bank for causing possession of the property over which the

security interest has been created by the respondents 2 and 3 while

availing a loan.

2. The factual possession as given in the Writ Petition is that,

the respondents 2 and 3 had availed a loan from the 1st respondent Bank,

creating security interest over the property in question. But since the

repayment was not effected on time, the Bank proceeded with steps under

the SARFAESI Act; pursuant to which the physical possession of the

property was taken over.

3. The petitioner, who is residing nearby, does not have proper

access to his property, to take the vehicle bearing No. KL 01 AK 2678

(TATA ACE CLB) owned by the petitioner and hence he used to keep the

vehicle in the court yard of the respondents 2 and 3, with their permission.

But in the course of the steps taken by the respondent Bank for taking the

physical possession of the secured assets, the above vehicle of the

petitioner which was lying parked in the court yard of the respondents 2

2
WP(C) No. 18275/2010

and 3 was also wrongly taken into custody. Despite filing a petition before the

concerned Chief Judicial Magistrate for causing the release of the vehicle, it

has not turned to be fruitful as borne by Ext.P4; which made the petitioner to

approach this Court.

4. The learned counsel for the petitioner submits that the

respondents do not have any right or interest with regard to the vehicle and

that it does not form a property over which the security interest has been

created by anybody.

5. The learned standing counsel for the Bank submits on instructions

that the possession of the vehicle was taken over due to some confusion and

mistake; simultaneously adding that the Bank does not have any objection to

cause the vehicle to be released. It is also stated that the vehicle is still in the

courtyard, where it was left by the petitioner. The learned counsel further

submits that necessary arrangements will be made to cause the vehicle to be

handed over to the petitioner forthwith, at any rate, within two days.

In view of the above submission, no further orders are required to be

passed in this Writ Petition. The Writ Petition is closed, recording the

undertaking given by the 1st respondent Bank.

P.R.RAMACHANDRA MENON
JUDGE
dnc