Kerala High Court
Dr. Gopalakrishna Subraya Bhat vs Daimler Financial Services India (P) ... on 14 January, 2026
2026:KER:2826
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947
WP(C) NO. 38383 OF 2018
PETITIONER:
DR. GOPALAKRISHNA SUBRAYA BHAT,
AGED 56 YEARS,
'KAVANAL', PLOT NO.10, HB-11,
PANAMPALLY NAGAR, ERNAKULAM,
NOW RESIDING AT FLAT NO.5134,
PRESTIGE NEPTUNE COURTYARD,
MARINE DRIVE, KOCHI.
BY ADVS.
SRI.SAIJO HASSAN
SMT.J.KASTHURI
SMT.P.PARVATHY
SMT.SURYA P SHAJI
RESPONDENT:
DAIMLER FINANCIAL SERVICES INDIA (P) LTD.,
UNIT 202, 2ND FLOOR, CAMPUS 3B, RMZ MILLENIA
BUSINESS PARK, 143 DR. M.G.R ROAD, PERUNGUDI,
CHENNAI, REPRESENTED BY ITS MANAGER, 600 096.
BY ADVS.
SRI.P.FAZIL
SMT.JAYASREE MANOJ
SRI.SAJU THALIATH
SRI.V.S.SREEJITH
SRI.JITHIN PAUL VARGHESE
W.P(C)No.38383 of 2018 2 2026:KER:2826
SRI.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C)No.38383 of 2018 3 2026:KER:2826
JUDGMENT
This writ petition has been filed by the petitioner, essentially seeking for an instalment facility for clearing the arrears payable to the respondent herein.
2. On perusal of the averments in the writ petition, it is clear that the directions have been sought for against a private limited company with reference to a credit facility availed by the petitioner for purchase of a car.
3. The maintainability of the writ petition with reference to the prayer noticed as above, itself is doubtful. Furthermore, even admittedly, the respondent had already taken steps for alienating the car purchased and it is seeking to challenge the same, this writ petition has been filed. No interim order of protection was also granted while admitting the writ petition. The mediation attempted through the Mediation Centre attached to this Court is also stated to be not successful.
4. In such circumstances, I am of the opinion that this writ petition is not maintainable, in view of the prayer noticed as above.
W.P(C)No.38383 of 2018 4 2026:KER:2826 Therefore, this writ petition would stand dismissed, however, without prejudice to the right of the petitioner to avail other remedies available to him, in accordance with law.
Sd/-
HARISANKAR V. MENON JUDGE ANA W.P(C)No.38383 of 2018 5 2026:KER:2826 APPENDIX OF WP(C) NO. 38383 OF 2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 01-06-2018 EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT AND COMPLAINT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 29-10-2018