THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.23249 of 2009 ORDER : Although there is a controversy whether this Writ Petition is maintainable against the 2nd Respondent-bank viz., HDFC Bank Limited, the same need not be gone into in view of the subsequent developments as hereinafter mentioned: The petitioner purchased a Mercedes Benz car with the loan availed by him from the 2nd Respondent-bank for an amount of Rs.40,00,000/-. An agreement dated 17-03-2008 was entered into between the parties agreeing to repay the loan in 36 monthly instalments @ Rs.1,32,000/- per month commencing from 05-05-2008. After paying only 7 instalments, the petitioner committed default in payment of further instalments. The 2nd Respondent-Bank therefore on classifying the loan as a non-performing asset, recalled the entire loan amount and called upon the petitioner to pay Rs.34,25,536/-. The petitioner did not respond, therefore the 2nd Respondent-Bank initially filed O.P.No.533 of 2009 in the court of the III Additional Civil Judge, City Civil Court, Hyderabad, invoking its jurisdiction under Section 9 of the Arbitration Act,1996 seeking custody of the vehicle, which was subsequently withdrawn. Thereupon, the 2nd Respondent referred the matter for arbitration to a sole arbitrator. The arbitral Tribunal upon entering adjudication passed orders in I.A.No.2 of 2009 in ARC No.9 of 2009 permitting the bank to sell the vehicle in a public auction. Accordingly, the vehicle was sold for an amount of Rs.25,00,000/-. Regular arbitration proceedings were held wherein the petitioner remained ex parte and an award was passed on 30-06-2010 holding that the petitioner is liable to pay balance of Rs.9,31,772/- with interest at 12% per annum from 23-09-2009. From the aforesaid facts it is evident that much water has flown. The vehicle has already been sold and an award also has been passed against the petitioner. In view of the same, no relief can be granted to the petitioner in this Writ Petition. The Writ Petition is accordingly dismissed. The petitioner, if feels aggrieved, is at liberty to avail such remedy as is available to him under law against the Award. No costs. ________________ NOUSHAD ALI, J. 01st April, 2011 skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.23249 of 2009 Date : 01-04-2011 Between : Y.Krishna Murthy .. Petitioner and The Reserve Bank of India, Saifabad, Hyderabad and another .. Respondents