IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2256 of 2008(R) --------------------------------------- PETITIONER: -------------------- M/S.SHRIRAM TANSPORT FINANCE CO.LTD.,HAVING ITS REGISTERED OFFICE AT 123, ANGAPPA NAICKEN STREET, CHENNAI REPRESENTED BY POWER OF ATTORNEY HOLDER SRI.VENUGOPALAN P.T., LEGAL CONSULTANT, M/S.SHRIRAM TANSPORT FINANCE CO.LTD., SREEPADAM BUILDING, CHEROOTY ROAD, CALICUT. BY ADV. SRI.RAJESH NAMBIAR RESPONDENTS: ------------------------- 1. VARGHESE JOSEPH, S/O.JOSEPH, MANJERIYIL HOUSE, PUTHENKUNNU P.O., SULTHAN BATHERY. 2. KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION (KTDFC), REPRESENTED BY ITS MANAGING DIRECTOR, TRIDA COMMERCIAL COMPLEX, PALAYAM, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.2256 OF 2008 ===================== Dated this the 23rd day of January 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff- Magistrate, Sultan Bathery in I.A.No.499 of 2007 in O.S.No.257 of 2004. It is an application filed by the 2nd defendant in the suit for a direction to the respondent to deposit the amount due or produce the vehicle and surrender the same. It is the case of the 2nd defendant that a hire amount has been advanced in favour of the plaintiff and he had made use of it and he is running the bus with the said amount. Now the plaintiff is committing total default of payment and is enjoying usufructs of the loan which he derived. On the other hand, the plaintiff would contend that there is no privity of contract between the 2nd defendant and the plaintiff and therefore the 2nd defendant is not entitled to any such relief. 2. The court below held that it is only proper to have a disposal of the suit in the light of the contentions raised by the parties. I agree with the said decision. But, at the same time, since the matter relates to the usage of a bus of which if really there is a hire purchase agreement, the matter requires WP(C)2256/2008 -:2:- urgent consideration. Therefore, I direct the court below to advance the case from March 2008 and list the same in the month of February, 2008 and dispose it of in accordance with law after affording equal opportunity to both sides. The court below shall also pass an interim direction whereby the subject matter of the suit, viz., the bus is preserved so that whoever is entitled will enjoy the usufructs of the decree. The interim direction may be issued within one week from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-