Nithin Lukose, v. Sub Inspector of Police
Case brief
What is this about?
Petitioner sought writ of mandamus to prevent forcible possession of a vehicle and requested installment payment of loan dues. Respondent filed on behalf of Toyota Financial Services and Police, citing an arbitration award and lack of territorial jurisdiction. Court closed the petition without adjudication, leaving contentions for appropriate proceedings.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
WP(C).No. 3393 of 2019
PETITIONER/S:
NITHIN LUKOSE, AGED 29 YEARS S/O.LUKOSE MATHEW, THOTTATHIL HOUSE, ONAMTHURUTH, NEENDOOR, KAIPUZHA, KOTTAYAM DISTRICT- 686601.
BY ADVS. SRI.G.HARIHARAN SMT.K.S.SMITHA SMT.S.UMA DEVI SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT- 686631.
2 M/S.TOYOTA FINANCIAL SERVICES PVT.LTD., NIPPON TOWERS XIX/9C, NH 47, HMT JUNCTION, KALAMASSERY, KOCHI, KERALA- 682022.
Issues for consideration
2 issues framed by the court
Whether the High Court has jurisdiction to entertain a writ petition concerning a loan dispute where an arbitrator has been appointed and an award passed in Bangalore.
Whether the writ petition seeking writ of mandamus and special leave to pay arrears can be considered by the Court in the absence of jurisdiction.
Parties & counsel
- petitioner
Nithin Lukose
- respondent
Sub Inspector of Police, Ettumanoor
- respondent
Toyota Financial Services Pvt. Ltd.
Coram
Case details
As recorded by the court registry
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