High Court Kerala High Court

M/S.Mylaady Ware Housing P.Ltd vs Sub Inspector Of Police on 1 July, 2009

Kerala High Court
M/S.Mylaady Ware Housing P.Ltd vs Sub Inspector Of Police on 1 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17849 of 2009(A)


1. M/S.MYLAADY WARE HOUSING P.LTD
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE
                       ...       Respondent

2. ICICI BANK LTD

                For Petitioner  :SRI.P.V.GEORGE(PUTHIYIDAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/07/2009

 O R D E R
                          V.GIRI, J
                        -------------------
                     W.P.(C).17849/2009
                        --------------------
             Dated this the 1st day of July, 2009

                        JUDGMENT

Petitioner availed a financial facility from the 2nd

respondent. He has defaulted repayment of the same.

Bank has initiated steps for recovery of the amount.

Petitioner apprehends seizure of his vehicle by the 2nd

respondent. He also apprehends intervention by the 1st

respondent in this regard. 2nd respondent is entitled to

proceed against the petitioner for recovery, in accordance

with law. But obviously, the 1st respondent shall take any

steps only if it is otherwise permissible, in law. He shall

bear in mind the observations made by the Supreme

Court in ICICI Bank Ltd., v. Prakash Kaur and

Others (2007 (2) SCC 711). A representation shall be

filed by the petitioner before the 1st respondent pointing

out these aspects. Subject to the above, writ petition is

disposed of.

V.GIRI,
Judge

mrcs