IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 17849 of 2009(A) ---------------------------------- PETITIONER: --------------- M/S.MYLAADY WARE HOUSING P.LTD REP BY DIRECTOR BABY THOMAS, AGED 63, S/O.THOMAS KALOOR, KOCHI-17. BY ADV. MR.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. 2. ICICI BANK LTD REP BY BRANCH MANAGER, EMGEE SQUARE BUILDING M.G.ROAD, PADMA JUNCTION, KOCHI-35. GOVERNMENT PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17849/2009 -------------------- Dated this the 1st day of July, 2009 JUDGMENT Petitioner availed a financial facility from the 2nd respondent. He has defaulted repayment of the same. Bank has initiated steps for recovery of the amount. Petitioner apprehends seizure of his vehicle by the 2nd respondent. He also apprehends intervention by the 1st respondent in this regard. 2nd respondent is entitled to proceed against the petitioner for recovery, in accordance with law. But obviously, the 1st respondent shall take any steps only if it is otherwise permissible, in law. He shall bear in mind the observations made by the Supreme Court in ICICI Bank Ltd., v. Prakash Kaur and Others (2007 (2) SCC 711). A representation shall be filed by the petitioner before the 1st respondent pointing out these aspects. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs