IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 3658 of 2009(I) ------------------------------------ PETITIONER: ------------------- BIJU.J, AGED 37, S/O.JAYAPALAN NAIR TC 2/2164 (1) MADRASSA LANE, SASTHAMANGALAM , THIRUVANANTHAPURAM. BY ADVS. MR.VIVEK VARGHESE P.J, MR.P.J.VINOD JOSEPH. RESPONDENTS: ------------------------ 1. HDFC BANK, KENTON TOWERS, NEAR KALABHAVAN THEATRE VAZHUTHAKKADU , THIRUVANANTHAPURAM- 695 014, REP. BY SENIOR MANAGER. 2. C.I. OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER MR. I.V. PRAMOD, R1 BY ADV. MR.T.RAJESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3658/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-1-AC-09. EXT.P.2: COPY OF THE RECEIPT NO. 5484520 DTD. 30/06/07. EXT.P.3: COPY OF THE RECEIPT NO. 6085215 DTD. 22/08/07. EXT.P.4: COPY OF THE RECEIPT NO. 6762947 DTD. 29/10/07. EXT.P.5: COPY OF THE RECEIPT NO. 7819747 DTD. 21/12/07. EXT.P.6: COPY OF THE RECEIPT NO. 9919934 DTD. 30/05/08. EXT.P.7: COPY OF THE STATEMENT OF ACCOUNT DT. 17/12/07 ISSUED BY THE R.1. EXT.P.8: COPY OF THE COMPLAINT ALONG WITH RECEIPT DT. 30/12/07 BEFORE THE S.I OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM BY THE PETITIONER. EXT.P.9: COPY OF THE COMPLAINT BY THE PETITIONER BEFORE THE S.I OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM DTD. NIL. EXT.P.10: COPY OF THE EMAIL. DT. 15/02/08 BY THE PETITIONER TO THE CODE OF COMPLIANCE OFFICER OF THE R.1. EXT.P.11: COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SECURITISATION ACT. EXT.P.12: COPY OF THE RECALL NOTICE DTD. 03/10/08 ISSUED BY THE R.1. EXT.P.13: COPY OF THE RECALL NOTICE DTD. 06/11/08 ISSUED BY THE R.1. EXT.P.14: COPY OF RECALL NOTICE DTD. 02/12/08 ISSUED BY THE R.1. EXT.P.15: COPY OF THE COMP. NO. 5801/08 ALONG WITH COPY OF NOTICE ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. EXT.P.16: COPY OF THE STATEMENT OF ACCOUNT DTD. 09/01/09 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 3658 OF 2009 ............................................ DATED THIS THE 6TH DAY OF MARCH, 2009 JUDGMENT This writ petition is filed alleging that the first respondent is seeking to take possession of a Car and also make demands against the petitioner on account of a loan availed for the purchase of that Car. While the petitioner states that the loan was availed by a Company `Eezy Car Pvt Ltd', the first respondent is on record through the counter affidavit, stating that the loan agreement was executed by the petitioner in his personal capacity and that there is no other collateral security provided to support the loan. Any request of the petitioner for regularising the transaction etc, are materials that he has to carry before the first respondent itself. Writ petition fails and it is accordingly dismissed, without prejudice to appropriate remedies for moving the first respondent for relief, if aggrieved. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/3