JOSE ALEXANDER Vs. RAJESH.E.M.

JUDGEMENT

(1.) THE prayer sought in this writ petition is to quash Exts.P7 and P12. There is a further prayer to require the 5th respondent to verify the documents pertaining to the transaction mentioned in Ext.P12 notice and ascertain whether the petitioner applied for the loan in question.

(2.) ACCORDING to the respondent Bank, on 19/10/10, M/s.Deejay Systems, a partnership firm of which the petitioner is a partner, availed of a loan of Rs.35 lakhs. For the security of the loan, the immovable property of the petitioner was mortgaged. It is also stated by them that on 24/1/11, another firm by name Impro Media Designs, of which also the petitioner is a partner, availed of a loan of Rs.45 lakhs. To that liability also, the property offered as security for the previous loan was offered as security.

(3.) IT is also his case that the loan allegedly availed of on 24/1/11 was not even applied for by the partnership firm mentioned above and it is stated that making the aforesaid allegations, on a complaint filed by the petitioner, Crime No.144/11 has been registered at the Fort Police Station, Trivandrum and that it is during the pendency of the said proceedings, Exts.P7 and P12 notices mentioned above were issued. It is on these allegations, petitioner is seeking to quash these notices.