Dismissed

Najneen P. Abubaker v. Sub Inspector of Police

Kerala HC20 Mar 2015WP(C)/8880/2015

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought protection from the first three respondents against threats from the 4th respondent, a lender, over a vehicle purchase dispute. The Court rejected the plea for protection, holding that mere financial disputes should be resolved according to contract terms. The Writ Petition was closed without issuing any direction. Officer-directed respondents were not

What the court decided

AI extract

Najneen P. Abubaker Vs Sub Inspector of Police — Contract and Commercial Disputes | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936

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WP(C).No. 8880 of 2015 (H)

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PETITIONER(S):

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NAJNEEN P. ABUBAKER AGED 22 YEARS S/O. P.K.ABUBAKER, PUTHIYAVEETTIL HOUSE, KURIMBILAVU P.O. P.O. CHIRAKKAL, THRISSUR PIN - 680 564 NOW RESIDING AT V/722/12, SOUBHAGYA APARTMENTS VASATH NAGAR, PATTURAYICKAL, THRISSUR PIN - 680 022 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT(S):

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THE SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT - 680 001

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THE CIRCLE INSPECTOR OF POLICE, THRISSUR TOWN EAST CIRCLE OFFICE, THRISSUR DISTRICT 680 001

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THE SUPERINTENDANT OF POLICE, THRISSUR - 680 0012

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THE MANAGER, L& T LIMITED, 2ND FLOOR, ANJUMANA, NH - 47, BYE PASS, ANJUMANA ROAD, EDAPPALLY, COCHIN - PIN 682 024

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BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8880 of 2015 (H) ---------------------------

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APPENDIX

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PETIT IONER'S EXTS:

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EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE HEARING REG.NO. KL O8 AV 8989 ISSUED IN THE NAME OF THE PETITIONER

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EXT.P2: TRUE PHOTOCOPY OF THE STATEMENT OF THE PETITIONER'S LOAN AGREEMENT APC 153036R1100408191 FOR THE PERIOD OF 10-092011 TO 30-09-2013

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EXT.P3: TRUE COPY OF THE RECEIPT DATED 162-2015 ISSUED FROM THE OFFICE OF THE 3^RD RESPONDENT

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EXT.P4: TRUE COPY OF THE RECEIPT DATED 163-2015 ISSUED FROM THE OFFICE OF THE 02ND RESPONDENT

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ASHOK BHUSHAN , Ag. CJ, &

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A.M.SHAFFIQUE, J.

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W.P. (C ) No. 8880 of 2015 - H

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Dated this the 20^th day of March, 2015

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JUDGMENT

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Ashok Bhushan, Ag.CJ.

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Heard the learned counsel for the petitioner as well as the learned State Attorney. No notice is being issued to party respondents in view of the order being passed.

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Petitioner has come up with this Writ Petition seeking

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a direction to respondents 1 to 3 to afford adequate protection

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to the life of the petitioner and his family members against the threat posed by the 4th respondent and their men. Petitioner's case is that he has taken a loan from the 4th respondent with regard to

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the purchase of a vehicle Maruti Swift ZDI. Petitioner himself

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W.P. (C ) No. 8880 of 2015 - H

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has admitted that he has committed default which was subsequently cleared. He submits that the 4th respondent along

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with certain persons are trying to take forcible possession of the

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vehicle. He further submits persons had come and threatened the petitioner and his aged parents.

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The learned State Attorney, on instructions, submits that

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on receiving the complaint, police had called both the parties and warned the respondents.

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The issue between the parties is regarding financial assistance given to the petitioner for purchasing a vehicle. Parties are free to take appropriate action in accordance with the terms of the contract of vehicle finance.

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We see no reason to issue any direction as prayed for. In any event, if there is any issue with regard to the vehicle in question, it is open for the petitioner to take such remedy as available under law. However, we observe that if there is any law

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W.P. (C ) No. 8880 of 2015 - H

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and order situation, it shall be open for the petitioner to approach the police.

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With the above observation, this Writ Petition is closed.

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Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE

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Sd/-A.M.SHAFFIQUE, JUDGE

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ani/

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/true copy/

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P.S. to Judge

Najneen P. Abubaker v. Sub Inspector of Police

Case brief

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What the court decided

Najneen P. Abubaker v. Sub Inspector of Police

Case brief

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