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
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W.P.(C).17849/2009
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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