IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32225 of 2009(W) -------------------------- PETITIONER(S): --------------- ABDUL KALAM AZAD, MANAGING PARTNER, EURO ASEAN TRADE LINKS, G 211, GAHANI MANZIL, PANAMPILLY NAGAR, AVENUE ROAD, ERNAKULAM, COCHIN-682 036. BY ADV. SRI.RAFEEK. V.K. RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KADAVANTHRA. 2. TATA MOTORS FINANCE LIMITED, 27/2605, 3RD FLOOR, SL PLAZA, PALARIVATTOM, ERNAKULAM, COCHIN-682 025. BY GOVT. PLEADER SRI. T.K.VIPINDAS -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 32225/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the notice issue to the petitioner dated 06.10.2009. Ext.P2: True copy of the complaint submitted by the petitioner before the 1st respondent dated 05.11.2009. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 32225 OF 2009 --------------------------------------------- Dated this the 19th day of November, 2009 JUDGMENT Kurian Joseph, J. The petitioner submits that since his son met with a serious accident, he needs some time to pay back the dues to the second respondent. Despite service of notice, there is no appearance. The petitioner may approach the second respondent with the above request. We make it clear that in the event of the petitioner requesting for some time for payment of the dues, the same shall be granted by the second respondent and till action is taken on that request and subject to the petitioner filing a representation in that regard within two weeks from today, the second respondent shall not take any steps for forceful repossession of the vehicle. It is also made clear that we have not considered any other questions in view of the peculiar facts and circumstances stated above, including the maintainability of the Writ Petition. All those contentions are left open. W.P.(C)NO. 32225/2009 2 The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 32225/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.32225/2009 JUDGMENT 19th November, 2009