IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Arb.A.No. 10 of 2011() ---------------------- AGAINST THE ORDER DATED 10/11/2010 IN ORDER IN OP.392/2009 of D.C. & SESSIONS COURT,KOLLAM .................... APPELLANTS/RESPONDENTS: ------------------------------------------- 1. ANIL NADHAN PILLAI, AGED 42 YEARS, S/O.THANKAPPAN PILLAI, REGUNATHA MANDIRAM EDAVATTOM, KARUVELIL, KOLLAM. 2. LALITHAMBIKA, AGED 36 YEARS, W/O.ANILNADHAN PILLAI, REGUNATHA MANDIRAM, EDAVATTOM, KARUVELIL, KOLLAM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): PETITIONER: -------------------------- M/S.HDFC BANK LTD., REG.OFFICE AT HDFC BANK HOUS, SENAPATHI BAPAT MARG, LOWER PAREL (WEST), MUMBAI-400 013, HAVING BRACH AT KOLLAM REP.BY AUTHORIZED SIGNATORY AND POWER OF ATTORNEY HOLDER & ASSISTANT MANAGER (LEGAL) NIRAM VISWANATHAN. THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ----------------------------------- Arb.A.No.10 of 2011 ------------------------------------ Dated this the 4th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Heard learned counsel for the petitioners quite in extenso. The existence of a transaction on hire purchase is not in dispute. The vehicle involved was re-possessed and sold by the financier, the respondent herein. Later, they have sought attachment of certain items of immovable properties in anticipation of arbitral proceedings. We do not find any error in the impugned order, the court below having looked into the materials, including two demand notices and the existence of the contract between the parties which contains an arbitration clause. The existence of liability is not in dispute though there is controversy regarding the total outstandings. Under such circumstances, this appeal fails. The same is dismissed in limine. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.4/2.