IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 23046 of 2008(R) -------------------------- OP.17/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONER(S): ------------------------ HDFC BANK, FORMERLY CENTURION BANK OF PUNJAB LTD., 723 - THIRUMALAI TOWERS, CENTURION BANK, 2ND FLOOR, AVINASHI ROAD, COIMBATORE, REPRESENTED BY ITS MANAGER (AFR) S. PRAKASH. BY ADV. SRI.T.RAJESH RESPONDENT(S): ---------------------------- SWAMYNATHAN.T.S, S/O. SUBRAMANIAN, THERAYANGOD HOUSE, EZHIKKAD.P.O, MUNDUR, PALGHAT. ADV. SRI.I.DINESH MENON FOR R1 SRI.RENJITH B.MARAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009 ALONG WITH WPC.NO.28868 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23046/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ARBITRATION O.P.NO.17/2008 OF DISTRICT COURT, PALAKKAD DTD.11/01/2008. EXT.P2: COPY OF THE I.A.NO.105 OF 2008 IN ARBITRATION O.P.NO.17 OF 2008 DTD. 11/1/2008. EXT.P3: COPY OF THE OBJECTION FILED BY THE RESPONDENT. EXT.P4: COPY OF THE ORDER IN I.A.NO.105 OF 2008 IN ARBITRATION O.P.NO17 OF 2008 DTD. 26/03/2008. EXT.P5: COPY OF THE PETITION FILED BY THE RESPONDENT I.A.889 OF 2008. EXT.P6: COPY OF I.A.NO.972/2008 SEEKING MANDATORY INJUNCTION. EXT.P7: COPY OF THE COMMON ORDER IN I.A.889 AND 972/2008 DTD. 3/07/2008 ARB.O.P.17/2008. EXT.P8: COPY OF THE EXTRACT OF ACCOUNTS NO.(2042 E 37271581 OF CBOP (NEW 90723416) RESPONDENT'S EXHIBITS: EXT.R1A: COPY OF THE STATEMENT OF ACCOUNTS OBTAINED FROM THE BANK. EXT.R1B: COPY OF THE STATEMENT REVEALING THE REMITTANCES MADE. /TRUE COPY/ P.A.TO JUDGE Kss K.P.BALACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 23046 & 28868 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 JUDGMENT These two writ petitions arise out of Arbitration OP No.17 of 2008 on the file of the District Court, Palakkad and are assailing Ext.P7 common order passed by the District Judge on IA No.889/08 and IA No.972/08 in Arbitration OP No.17of 2008. The first of these writ petitions is filed by the creditor bank and the latter one is filed by the debtor, Swaminathan. 2. In both these writ petitions, strangely enough, the prayer is to set aside Ext.P7 common order. As per Ext.P2 application, the creditor sought for a conditional order directing attachment of a Tempo Traveler, bearing registration No. KL 9 T 7908, on failure of the debtor to furnish security for an amount of Rs.3 lakhs. It is common case that as per the said petition, attachment is not effected. 3. Considering the counter filed by the debtor as well, the Court passed Ext.P4 order keeping the order of attachment in abeyance till 21.05.08 and directing that in the meanwhile, the debtor W.P.C: 23046/08 & 28868/08 -:2:- shall furnish sufficient security for the claim involved in the arbitration as also the interest, cost etc. Ext.P5 petition was filed by the Debtor directing release of the vehicle on Kachit, in the event of its attachment. The vehicle having not been attached, the creditor bank filed Ext.P6 application for a mandatory injunction directing the respondent to give back possession of the vehicle made mention of above. 4. However, vide Ext.P7 common order the court below ordered that the vehicle after attachment will be released to the debtor who is the hirer of the vehicle, inter alia, on conditions that he shall pay Rs.11,000/- per month to the creditor bank on or before the 15th of every month and that in the event of default of any one instalment, the Kachit shall stand cancelled and the vehicle will be proceeded against accordingly; that the vehicle shall be produced before court as and when directed etc. However, it is common case that no instalment at all is paid by the debtor. In the writ petition filed by the debtor, there is no mention as to how he proposes to discharge the debt or what is the security that he would offer. Hence, there is no merit in the writ petition filed by the debtor. In W.P.C: 23046/08 & 28868/08 -:3:- modification of Ext.P7 order, WPC No.23046/08 filed by the creditor deserves to be allowed directing the respondent therein to produce the aforesaid vehicle before the District Court, Palakkad positively within one week from today. 5. In the result, I dismiss WPC No.28868/08 and dispose of WPC No. 23046/08 directing the respondent/debtor Swaminathan, to produce the aforesaid vehicle having registration No. KL 9 T 7908, before the District Judge, Palakkad positively within one week from today. Counsel for the respondent debtor shall see to it that the debtor produces the vehicle before the court in compliance of this order. Issue copy of this judgment to counsel on both sides urgently. K.P.BALACHANDRAN, JUDGE ttb