1 O.P.(C) NO.898 OF 2025 2025:KER:29453 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 O.P.(C) NO.898 OF 2025 (AGAINST THE ORDER/JUDGMENT IN MA(ARB.) NO.426 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM / III ADDITIONAL MACT, ERNAKULAM) PETITIONER/PETITIONER: 1 ABISON V.E., AGED 40 YEARS, S/O EPPAN CHACKO, VADAKKETHIL HOUSE, KARIKKAD P.O., TRISSUR, PIN – 680 519 2 SILVIYA ABISON, AGED 40 YEARS, W/O ABISON, VADAKKETHIL HOUSE, KARIKKAD P.O., THRISSUR, PIN – 680 519 BY ADVS. G.KRISHNAKUMAR SNEHA JOY RESPONDENT/RESPONDENT: KOTAK MAHINDRA PRIME LIMITED, 2ND FLOOR, SREELAKSHMI BUILDING, OPP. STATE MUSEUM, CHEMBUKAVU, THRISSUR, REPRESENTED BY THE MANAGER, PIN – 680 020 BY ADVS. B.S.SURESH KUMAR ASHLEY JOHN(K/000719/2015) RANJANA V.(K/001646/2000) ANUSREE C.S.(K/1438/2021) JAISON MATHEW(K/002873/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.3.2025, THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.898 OF 2025 2025:KER:29453 JUDGMENT (Dated: 4th April, 2025) Petitioners had availed a car loan facility for the purchase of a Maruti Swift Car, and purchased the same and registered it as KL-48/K- 7763. Since there was a default, proceedings were initiated by the respondent. The petitioner immediately filed O.S.No.1405 of 2021 (Ext.P1), before the Munsiff Court, Thrissur, and obtained a status quo order that the possession of the vehicle shall not be taken. The respondent thereafter moved the District and Sessions Court, Ernakulam, and obtained Ext.P2 direction to the advocate to take possession of the vehicle, and pursuant to the same, possession has been taken. 2. The counsel for the respondent submits that the loan term is over as on today, and the outstanding amount is Rs.15,000/-. 3. The counsel for the petitioner submits that, if he is given time, the repayment will be done. 3 O.P.(C) NO.898 OF 2025 2025:KER:29453 4. Heard counsel on either side. Taking into consideration the facts and circumstances of the case, this original petition is disposed of with the following conditions. i. Petitioners are given 8 instalments to pay the entire outstanding amount. ii. Petitioners shall pay an amount of Rs.75,000/- (Rupees seventy- five thousand only) on or before 15.04.2025. If the said amount is paid within the prescribed time, the possession of the vehicle shall be given to the petitioners. iii. The next instalment shall be paid on 15th of every month. If the subsequent instalment is defaulted, the petitioners shall give back possession of the vehicle to the respondent. iv. In case of failure to remit any one of the instalments as directed above, the respondent shall take possession of the vehicle. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.898 OF 2025 2025:KER:29453 APPENDIX OF OP(C) 898/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE STATUS QUO ORDER DATED 16.08.21, IN IA 2/21 IN OS 1405/21 OF THE MUNSIFF COURT III, THRISSUR Exhibit P-2 A TRUE COPY OF THE COMMISSION WARRANT/ORDER IN IA 4/25 IN MA (ARB) 426/25 OF THE COURT OF ADDL. DISTRICT & SESSIONS JUDGE VII, ERNAKULAM, DATED 11.03.2025 Exhibit P-3 A TRUE COPY OF THE NOTICE DATED 21.03.2025 ISSUED BY THE RESPONDENT