JUDGMENT

Petitioner had purchased a vehicle - Maruthi Balano Car - after having obtained finance from the respondent bank of Rs.6,05,050/-(Rupees six lakhs five thousand fifty only). The aforementioned loan was to be paid back in instalments of Rs.14,274/- (Rupees fourteen thousand two hundred seventy four only). He remitted only Rs.1,42,740/- (Rupees one lakh forty two thousand seven hundred and forty only) i.e., ten instalments and thereafter there was some problem and the remaining instalments could not be paid.

2. Respondents in the meantime started recovery proceedings and the petition bearing Crl.MP No.298 of 2022 was filed before the Chief Judicial Magistrate, Manjeri to take the possession of the vehicle bearing No.KL 54 H 800. As per the order of the Chief Judicial Magistrate the respondents have taken the possession of the vehicle and of now in the process of seeking the transfer of the vehicle in their name. This action of the respondents have given the cause of action to the petitioner to approach this Court.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner was unwell and could not pay the instalments, was facing financial crisis though