IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2660 of 2011(F) ------------------------- PETITIONER(S): --------------------- V.KRISHNAN, MANAGING PARTNER, M/S.KEERTHY TRAVELS, HOTEL HILUX BUILDING, OPP.KSRTC BUS STAND, PALAKKAD-14. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------ 1. THE BANKING OMBUDSMAN, OFFICE OF THE BANKING OMBUDSMAN, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. 2. THE MANAGER, HDFC BANK LIMITED, CV LOANS, S.L.PLAZA, PALARIVATTOM, ERNAKULAM-682 025. SRI.T.RAJESH, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2660 OF 2011 ===================== Dated this the 27th day of January, 2011 J U D G M E N T Heard both sides. 2. The challenge in this writ petition is against Ext.P11 proceedings of the 1st respondent closing a complaint made by the petitioner against the 2nd respondent. 3. Although several contentions have been raised on the merits of the controversy, having regard to the fact that this order has been passed without hearing the petitioner, I do not think that this Court should consider the other contentions raised by the petitioner. 4. Admittedly, Clause 13 of Ext.P8 scheme, which governs the 1st respondent provides that, while passing orders on complaints made, the parties shall be heard and this requirement has not been complied with before passing Ext.P11 order. 5. Having regard to the fact that Ext.P11 was passed without hearing the parties, I am inclined to think that Ext.P11 has to be quashed. 6. Therefore, without expressing anything on the merits WPC No. 2660/11 :2 : of the claim raised and leaving it entirely open to the 1st respondent to decide the issue, I quash Ext.P11. 1st respondent is directed to reconsider Ext.P5 complaint filed by the petitioner with notice to the parties and as expeditiously as possible on the production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp