IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 4481 of 2009(H) ------------------------- OPARB.7/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONER: -------------- HDFC BANK, FORMERLY CENTRURION BANK OF PUNJAB LTD, 723,THIRUMALAI TOWERS CENTRURION BANK, 2ND FLOOR, AVINASHI ROAD COIMBATORE, REPRESENTED BY ITS MANAGER (AFR) S.PRAKASH. BY ADV. SRI.T.RAJESH RESPONDENT: --------------- SWAMYNATHAN T.S. S/O.SUBRAMANIAN, THERAYANGOD HOUSE EZHIKKAD PO, MUNDUR, PALGHAT. BY ADV. SRI.T.C.SURESH MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, ALONG WITH WPC NO. 4546 OF 2009 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 4481/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ARBITRATION OP NO.17/2008 OF DISTRICT COURT, PALAKKAD DATED 11.01.2008. EXT.P2 : TRUE COPY OF THE IA. NO.105 OF 2008 IN ARBITRATION OP NO.18 OF 2008 DATED 11.1.2008. EXT.P3 : TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT. EXT.P4 : TRUE COPY OF THE ORDER IN IA NO.105 OF 2008 IN ARBITRATION OP NO.17 OF 2008 DATED 26.03.2008. EXT.P5 : TRUE COPY OF THE PETITION FILED BY THE RESPONDENT IA O889 OF 2008. EXT.P6 : TRUE COPY OF PETITION SEEKING MANDATORY INJUNCTION. EXT.P7 : TRUE COPY OF THE COMMON ORDER IN IA 889 AND 972/2008 DATED 3.7.08. EXT.P8 : TRUE COPY OF THE ORDER DATED 19.12.08 IN WPC : 23046 OF 2008. EXT.P9 : TRUE COPY OF THE ORDER COMMON JUDGMENT IN WPC : 23046/08 AND WPC : 28868/08 DATED 1.1.2009. EXT.P10 : TRUE COPY OF THE ORDER RELEASING THE VEHICLE TO THE RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF THE ORDER DATED 03.02.09. EXT.R1(B) : TRUE COPY OF DEMAND DRAFT DATED 20.01.09. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. --------------------------------------------------------- W.P.(C)Nos. 4481, 4546, 4567 & 4585 OF 2009 ----------------------------------------------------------- Dated this the 19th day of June, 2009 JUDGMENT All these writ petitions relate to the same subject matter namely challenge against orders of the District Court, Palakkad, in proceedings under Section 9 of the Arbitration and Conciliation Act, by which a vehicle belonging to the respondent was released from attachment and handed over to the respondent on kychit. In all these writ petitions, separate joint petitions have been filed by counsel for the petitioner and counsel for the respondent to the effect that an order may be passed as agreed to by both parties in terms of the said petition. Accordingly, these writ petitions are disposed of in terms of the following mutually agreed terms: “1. The respondent shall pay a consolidated amount of Rs.4,00,000/- within a period of three weeks from today to the petitioner bank. 2. The respondent shall remit the balance outstanding in all four loan agreements pertaining to the writ petitions in six monthly installments commencing from August 2009 which will be payable on or before 15th of every months. 3. The keychit executed by the respondent before the District Court shall be in force till the entire amounts are paid by the WPC :4481 & conns. -:2:- respondent in the writ petition. 4. The respondent shall keep the vehicle in good condition as he had undertaken in the keychit executed before the District Court. 5. The petitioner banks officials will be permitted to have access for periodical inspection of the hypothecated vehicles. 6. Petitioner bank will not take any steps to seize or confiscate the vehicles involved in the hire purchase agreement pertaining to the writ petitions so long as respondent complies with these terms. 7. In the event of failure from the part of the respondent to comply with any of these conditions including the remittance of payments he had agreed to make; the Trial court shall issue necessary directions for the seizure of the vehicle which shall be then released to the petitioner.” Consequently the order of the lower court would stand modified accordingly and the parties would be governed by the above terms. S. SIRI JAGAN, JUDGE ttb