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Documents citing M/S.Hdfc Bank Limited vs Manaf Arakkaveettil on 23 April, 2015

Manoj C.J vs Shriram Transport Finance Company ... on 6 October, 2020

17. Before passing an order under Section 17(2) of the Act for enforcement of the interim order of the arbitral tribunal to take possession of a vehicle, it is not mandatory or necessary to O.P.(C) No.312/2020 7 issue notice to the affected party (See HDFC Bank Limited v. Manaf : 2018 (4) KHC 84). The vehicle may be the only security and asset available to the creditor for realisation of the debt. Issuance of notice prior to taking possession would enable the debtor to remove the vehicle out of the process of law.
Kerala High Court Cites 9 - Cited by 1 - Full Document

Hdb Financial Services Limited vs Shajeesh P.V on 13 March, 2020

2. According to the appellant, the moment the respondents herein receives the notice from the District Court, they will dismantle the vehicle and that it will then be difficult to trace it and recover any amount. They thus pray, relying upon an interim order of this Court in I.A.No.1/2019 in Arb.A.No.11/2019 as also the judgment in HDFC Bank Limited v. Manaf Arakkaveettil [2018 (4) KHC 84] issued by another learned Judge of this Court in similar circumstances, that Annexure - A5 order be set aside and the District Judge be directed to hear the interim applications in the Civil Miscellaneous Application without issuing notice to the respondents.
Kerala High Court Cites 1 - Cited by 0 - D Ramachandran - Full Document

Sreekandan Nair S vs Mahindra And Mahindra Financial ... on 17 January, 2022

The grievance of the petitioner is that no notice was issued before appointing a Commission. This contention cannot be substantiated at all, since there is no legal mandate that the possession of the vehicle while executing an interim order, notice is mandatory to the respondent. The rational is that, if such an exercise is opted, there is likelihood of hiding the vehicle so as to defeat the execution. Decision reported in HDFC Bank Limited v. Manaf Arakkaveettil : 2018 (4) KHC 84 is on this point.
Kerala High Court Cites 4 - Cited by 0 - Full Document
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