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2024 Supreme(Online)(KER) 40959

HIGH COURT OF KERALA
Junaid Pullat – Appellant
Versus
M/s. Hedge Finance Limited – Respondent


JUDGMENT

The petitioner has approached this Court seeking a direction to the Commercial Court-II, Ernakulam to determine the actual amount payable by him to the respondent in connection with Ext.P1 application pending before the said court. Petitioner has also sought for a direction to the Commercial Court-II, Ernakulam to release the vehicle bearing no.KL-55U-99 to the petitioner on payment of the arrears of the instalments. Pursuant to Ext.P2 order passed by the Commercial Court appointing an advocate commissioner for the purpose of taking possession of the scheduled vehicle, the vehicle was repossessed on

27.07.2024.

Learned counsel for the petitioner submits that petitioner is ready and willing to settle the issue, so that the vehicle could be released to him. These are all matters the petitioner has to agitate before the Commercial Court where the proceedings are pending. If the petitioner moves an application expressing his intent to settle the issue by paying the arrears due, the Commercial Court-II, Ernakulam shall consider the said request of the petitioner in accordance with law and pass appropriate orders thereon.

With the abovesaid direction the original petition is dispos

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