IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 18847 of 2009(O) -------------------------- IA.NO.2040/09 IN OS.393/2009 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: --------------- VENUGOPAL.M., S/O.MADUSOODANAN NAIR, WORKING AS SENIOR TELECOM CHIEF OPERATING ASSISTANT, RESIDING AT T.C.49/893(4), ARA 52 SARANYA, KOCHIRAVILA, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUNNY ZACHARIA RESPONDENT(S): --------------- STATE BANK OF INDIA, SARC, ZONAL OFFICE, REPRESENTED BY ITS CITY CASE OFFICER. BY ADV. SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.18847/09 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PLAINT O.S.393/09 ON THE FILE OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. EXT.P2 TRUE COPY OF THE I.A.2040/09 IN O.S.393/09 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. EXT.P3 TRUE COPY OF THE OBJECTION DTD. 4/4/09 IN I.A.NO.2040/09 IN O.S.NO.393/09 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. EXT.P4 TRUE COPY OF THE ORDER DTD. 4/4/09 IN I.A.NO.2040/09 IN O.S.393/09 PASSED BY THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. ADDL.P5. TRUE COPY OF THE ORDER DTD. 24/3/09 IN I.A.NO.2040/09 IN O.S.393/09 OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C). NO. 18847 OF 2009 ------------------------------- DATED THIS THE 9TH DAY OF SEPTEMBER, 2010 JUDGMENT Writ Petitioner is the lst defendant in O.S.No.393/09 on the file of the Principal Sub Court, Thiruvananthapuram. The plaintiff in the suit is the State Bank of India, the respondent herein. The suit was filed for realisation of Rs.3,04,049.26ps. with interest at 12.25% per annum with monthly rests. According to the plaintiff, the defendants defaulted re-payment and violated the terms and conditions of the agreement. Ext.P2 is the application submitted by the Bank praying for attachment of the plaint schedule vehicle and also for a direction to the defendants to furnish sufficient security to satisfy the plaint claim. Ext.P3 is the objection filed by the writ petitioner. Ext.P4 is the order passed by the Sub Court on Ext.P2 application. Since no security was furnished as directed by the court, the court ordered attachment of the vehicle as prayed for in Ext.P2 application. The writ petitioner has not made -2- WP(C).No.18847/09 out any valid grounds for interference by this Court by invoking the jurisdiction under Article 227 of the Constitution of India. It is made clear that the writ petitioner is at liberty to file an application for lifting the attachment of the vehicle on furnishing sufficient security to the satisfaction of the court below. In the circumstances, this writ petition is dismissed. HARUN-UL-RASHID, Judge. kcv.