Disposed

Muthoot Insurance Brokers Private Limited v. State Police Chief

Kerala HC27 Jan 2020WP(C)/273/2020

Case brief

AI extract

What is this about?

Four writ petitions filed by Muthoot-affiliated entities seeking police protection due to a strike in a related Muthoot Finance office. The High Court held that protection should be provided as and when threatened, directing police to intervene for smooth functioning.

What did the court decide?

Directions issued to police to intervene and ensure adequate protection when obstacles are caused by strikes to ensure smooth functioning.

Muthoot Insurance Brokers Private Limited Vs State… — Service and Employment | Kerala HC (2020)

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941

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WP(C).No.268 OF 2020(G)

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PETITIONER:

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MUTHOOT VEHICLE AND ASSET FINANCE LIMITED BRANCH OFFICE, 3RD FLOOR, NIRMALA BUILDING, OPPOSITE LETHA THEATRE, MUVATTUPUZHA REP. BY ITS MANAGER JAYAN R., S/O.K.RAMAN PILLAI, AGED 54 YEARS, HOUSE NO.36, K.T.JACOB NAGAR HOUSING BOARD, MUVATTUPUZHA, ERNAKULAM.

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BY ADV. SRI.SABU S.KALLARAMOOLA

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RESPONDENTS:

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1 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM- 683101.

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3 STATION HOUSE OFFICER, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA, ERNAKULAM686661.

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4 NON BANKING AND PRIVATE FINANCE EMPLOYEES ASSOCIATION (CITU), EMS SMARAKA MANDIRAM, KALABHAVAN ROAD, ERNAKULAM- 682018, REP. BY ITS SECRETARY.

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5 CENTER OF INDIAN TRADE UNION (CITU) KERALA, REP. BY ITS SECRETARY, E.BALANANDAN MEMORIAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM- 695001.

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6 THE DISTRICT LABOUR OFFICER, OFFICE OF DLO, CIVIL STATION, KAKKANAD, ERNAKULAM682030.

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R1-3 BY SRI.ANISH JAIN, CGC R5 BY ADV. SRI.T.A.SHAJI (SR.) R5 BY ADV. SRI.S.ABHILASH VISHNU R5 BY ADV. SHRI.NIKHIL SUNNY MOOKEN

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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R5 BY ADV. SRI.ATHUL SHAJI

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SR GP ADV. SRI.P P THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).272/2020(H), WP(C).273/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941

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WP(C).No.272 OF 2020(H)

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PETITIONER:

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MUTHOOT VEHICLE AND ASSET FINANCE LIMITED, BRANCH OFFICE, 2ND FLOOR, MIDHUN TOWERS, K.P. VALLON ROAD, KOCHI,. REP. BY ITS LAISON OFFICER, RADHAKRISHANAN S.R., S/O A. SIVADASAN, AGED 48 YEARS, GEETHA BHAVAN, CHETTIKULANGARA, TRIVANDRUM.

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BY ADV. SRI.SABU S.KALLARAMOOLA

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RESPONDENTS:

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1 STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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2 THE COMMISSIONER OF POLICE (DISTRICT POLICE CHIEF), OFFICE OF COMMISSIONER OF POLICE, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.

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3 STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM - 695 033.

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4 NON BANKING AND PRIVATE FINANCE EMPLOYEES ASSOCIATION (CITU), EMS SMARAKA MANDIRAM, KALABHAVAN ROAD, ERNAKULAM - 682 018, REP. BY ITS SECRETARY.

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5 CENTER OF INDIA TRADE UNION (CITU)KERALA, REP. BY ITS SECRETARY, E. BALANANDAN MEMORIAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM - 695 001.

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6 THE DISTRICT LABOUR OFFICER, OFFICE OF DLO, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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SRP ADV.SRI. P P THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).273/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941

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WP(C).No.273 OF 2020(H)

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PETITIONERS:

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M/S MUTHOOT INSURANCE BROKERS PRIVATE LIMITED CORPORATE OFFICE, 3RD FLOOR, MIDHUN TOWERS, K.P.VALLON ROAD, KOCHI, REP.BY ITS CHIEF MANAGER ANTONY BIJOY MENDEZ, S/O JUSTIN MENDEZ, AGED 38 YEARS, CHERUPUNATHIL HOUSE, BREEZE COTTAGE, PERUMANOOR, ERNAKULAM.

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BY ADV. SRI.SABU S.KALLARAMOOLA

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RESPONDENTS:

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1 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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2 THE COMMISSIONER OF POLICE (DISTRICT POLICE CHIEF), OFFICE OF COMMISSIONER OF POLICE, REVENUE TOWER, KOCHI-682 011.

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3 STATION HOUSE OFFICER, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM-682 015.

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4 NON BANKING AND PRIVATE FINANCE EMPLOYEES ASSOCIATION (CITU), EMS SMARAKA MANDIRAM, KALABHAVAN ROAD, ERNAKULAM682 018, REP BY ITS SECRETARY.

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5 CENTER OF INDIAN TRADE UNION (CITU) KERALA, REP. BY ITS SECRETARY E. BALANANDAN MEMORIAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM-695 001.

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6 THE DISTRICT LABOUR OFFICER, OFFICE OF DLO, CIVIL STATION, KAKKANAD, ERNAKULAM685584.

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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SR GP ADV. SRI.P P THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).272/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941

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WP(C).No.276 OF 2020(H)

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PETITIONER:

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M/S MUTHOOT VEHICLE AND ASSET FINANCE LIMITED, BRANCH OFFICE, 2ND FLOOR, MAHIMA TOWER, TEMBLE BYPASS ROAD, THODUPUZHA, REP. BY ITS MANAGER BIJU ANTONY, S/O ANTONY ARACKAL, AGED 39 YEARS, ARACKAL HOUSE, KOZHIPPILLY P.O., KOTHAMANGALAM, ERNAKULAM.

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BY ADV. SRI.SABU S.KALLARAMOOLA

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RESPONDENTS:

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1 STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD,

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THIRUVANANTHAPURAM - 695 014.

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2 THE DISTRICT POLICE CHIEF, OFFICE OF THE SUPERINTENDENT OF POLICE, IDUKKI- 685 601.

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3 STATION HOUSE OFFICER, THODUPUZHA POLICE STATION, THODUPUZHA, IDUKKI - 685 584.

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4 NON BANKING AND PRIVATE FINANCE EMPLOYEES ASSOCIATION (CITU), EMS SMARAKA MANDIRAM, KALABHAVAN ROAD, ERNAKULAM - 682 018, REPRESENTED BY ITS SECRETARY.

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5 CENTER OF INDIAN TRADE UNION (CITU) KERALA,

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REP. BY ITS SECRETARY, E. BALANANDAN MEMORIAL BUILDING, THAMPANOOR, THIRUVANANTHAPURAM - 695 001.

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6 THE DISTRICT LABOUR OFFICER, OFFICE OF DLO, CIVIL STATION, THODUPUZHA, IDUKKI -685 584.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).272/2020(H), WP(C).273/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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JUDGMENT

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Dated this the 27th day of January 2020

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The petitioners in these writ petitions are M/S.Muthoot Vehicle

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and Asset Finance Ltd. The petitioners submitted that they were distinct concern and entity. It was also submitted that the petitioners' office happened to be in the same building where the Muthoot Finance operates. Moreover, the petitioners have no connection with M/s. Muthoot Finance. They are different legal entities and are having different types of service. However, on account of strike in M/S.Muthoot Finance, there is a threat to the smooth functioning of the petitioners' office.

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This Court in fact, accorded police protection to M/s. Muthoot Finance in another writ petition filed by them as against an obstruction being caused to them. This Court also passed interim orders in both the matters as well. Though notice was served to the parties, none appeared.

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The learned Government Pleader submitted that there were no incidents reported and there is no scope for any apprehension that the petitioners' business is being obstructed on account of any

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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strike in M/s. Muthoot Finance.

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Having considered the interim orders passed in these

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matters, this Court is of the view that as and when any threat or obstruction being caused to the petitioners, the police shall intervene and ensure adequate police protection to the petitioners for the smooth functioning of their offices.

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The writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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SAS/27/01/2020

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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APPENDIX OF WP(C) 268/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA.
EXHIBIT P2	TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES.
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 30.9.2019 IN WPC NO 25564/2019
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 16.10.2019 IN WPC NO 24459/2019
EXHIBIT P5	TRUE COPY OF COMPLAINT DATED 3.1.2020 FILED BEFORE THE 2ND RESPONDENT
EXHIBIT P6	TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS:-	NIL

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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APPENDIX OF WP(C) 272/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA.
EXHIBIT P2	TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES.
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 30-09-2019 IN WPC NO. 25564/2019.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 16-10-2019 IN WPC NO. 24459/2019.
EXHIBIT P5	TRUE COPY OF THE COMPLAINT DATED 06-01-2020 FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:-	NIL

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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APPENDIX OF WP(C) 273/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY REGISTRAR OF COMPANIES. EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED BY IRDA EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.9.2019 IN WPC NO 25564/2019 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16.10.2019 IN WPC NO 24459/2019 EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 30.1.2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS:NIL

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[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]

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APPENDIX OF WP(C) 276/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA. EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30-09-2019 IN WPC NO. 25564/2019. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16-10-2019 IN WPC NO. 24459/2019. EXHIBIT P5 TRUE COPY OF COMPLAINT FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE

Muthoot Insurance Brokers Private Limited v. State Police Chief

Case brief

What is this about?

What did the court decide?

Muthoot Insurance Brokers Private Limited v. State Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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