IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 31805 of 2008(J) ------------------------------------ PETITIONER: ------------------ SABU.S. RESIDING AT B2, KESTON TOWER, NEAR STYLE PLUS, KOWDIAR P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SASITH RESPONDENT(S): ------------------------- 1. AUTHORISED OFFICER, H.D.F.C. BANK LTD, KESTON TOWER, NEAR KALABHAVAN THEATRE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. MANAGER H.D.F.C. BANK LTD, KESTON TOWER, NEAR KALABHAVAN THEATRE, VAZHUTHACAUD, THIRUVANANTHAPURAM. ADV. SRI.M.A.JOSEPH MANAVALAN FOR R1 & R2 SRI.SOORAJ T.ELENJICKAL FOR R1& R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 31805 OF 2008 (J) ------------------------------------------------------ Dated this the 3rd day of December, 2008 J U D G M E N T Petitioner availed a loan for purchasing a Skoda Car. The loan amount is Rs.7,50,000/-. He defaulted repayment of the loan amount. That led to the proceedings under the SARFAESI Act. That was stayed by this Court on 29-10-2008 on condition that the petitioner deposits an amount of Rs.3 lakhs within a period of three weeks and files an undertaking before the officer in-charge of the police station having jurisdiction over Vazhuthakkad, Thiruvananthapuram to produce that vehicle before that officer once in every two weeks. There is no material on record, as of now, showing that any such affidavit was sworn to before the police officer. Not a pie has been paid in terms of the order dated 29-10-2008. The learned counsel for the petitioner today, on 3-12-2008, states that he has received a post dated cheque dated 6-12-2008 for the amount covered by the order dated 29-10-2008. Even now, going by his own pleadings, the petitioner is facing prosecution initiated by the respondents, on a bounced cheque and stands accused of commission of offence punishable under Section 138 of W.P.(C) No.31805/2008 - 2 - the Negotiable Instruments Act. The loan transaction in hand is only in relation to a car and not to a homestead or matters affecting livelihood immediately. I do not find any reason for this court to activate its visitorial jurisdiction, in any manner, to interfere with the matter. This writ petition fails and the same is accordingly dismissed. Having enjoyed the order of stay now, without complying with the conditions imposed, the petitioner will pay an amount of Rs.5,000/- as costs to the respondents. Petitioner is directed not to leave away from Thiruvananthapuram for a period of two weeks from now. The bank will be at liberty to produce a copy of this judgment before the Commissioner of Police to ensure its obedience. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/12