IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 28074 OF 2005(P) -------------------------- PETITIONER: ------------ S.S. RAJEEV, PLAVARA VEEDU, THITTAMANGALAM, KODUGANNOOR P.O., THIRUVANANTHAPURAM-23. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: ------------- KERALA FINANCIAL CORPORATION, VELLAYAMBALAM BRANCH, THIRUVANANTHAPURAM, REP. BY THE CHIEF MANAGER. BY ADV. SRI.L.MOHANAN, SC, KFC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 28074/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF NOTICE DATED 7.3.2005. EXT.P2 A TRUE COPY OF THE REPLY DATED 19.5.2005 EXT.P3 A TRUE COPY OF DEMAND NOTICE DATED 28.5.2005. EXT.P4 A TRUE COPY OF STATEMENT OF ACCOUNTS EXT.P5 A TRUE COPY OF DEMAND NOTICE NO. KFC/BO/TVM/R/120198210/1198/2005 DATED 13.9.2005. RESPONDENT'S EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN, J. = = = = = = = = = W.P.(C) NO. 28074 OF 2005 = = = = = = = = = = = = = = DATED THIS, THE 27TH DAY OF MAY, 2008. J U D G M E N T Petitioner availed a loan of Rs.3,89,000/- from the respondent Kerala Financial Corporation for purchasing a tempo traveller . He executed a loan agreement and offered immovable property by way of security towards the loan transaction. There was also a hypothecation deed executed hypothecating the vehicle in question. As per the terms of the loan, the amount has to be paid in instalments. It is the case of the Financial Corporation that the petitioner committed default in payment of the instalments and thus the amount fell in arrears. Petitioner has produced a statement of account -Ext.P4 of the respondent, which shows the remittance made by him and showing a balance of Rs. 4,09,496/-. Petitioner disputes the correctness of the said statement. 2. The loan agreement is not produced. The various amounts remitted by the petitioner is not evidenced by producing any records. Thus, there is hardly any documentary evidence to adjudicate to find as to what is W.P.(C) 28074/2005 :2: the amount due and payable by the petitioner. Adjudication of such dispute of loan transaction normally cannot be resorted to by invoking the power under Article 226 of the Constitution of India, rather such disputes are to be resolved through the civil court, unless the case could be decided by documentary evidence alone. In the facts and circumstances and in the absence of such materials, the writ petition is dismissed, leaving open the right of the petitioner to avail the ordinary remedy by approaching the civil court. P.R. RAMAN, (JUDGE) knc/-