Allowed

Pankaj Bhandula v. State of Kerala

Kerala HC24 Mar 2021Crl.MC/551/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceeding arising from a dispute over an alleged agreement. The court held that the term sheet was not a valid contract for lack of consideration and registration, thus no offence under IPC Sections 406 and 420 was made out.

What did the court decide?

The entire set of criminal miscellaneous cases is granted the benefit of quashing. All connected miscellaneous cases are allowed accordingly.

Pankaj Bhandula Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2021)

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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 P.SOMARAJAN

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Crl.MC.No.428 OF 2021(C)

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CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE

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PETITIONER/1ST ACCUSED:

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MR.KENICHI AYUKAWA MANAGING DIRECTOR OF MARUTI SUZUKI INDIA LIMITED, 1, NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI-110070.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.NELSON JOSEPH SRI.MADHU RADHAKRISHNAN SRI.M.D.JOSEPH SHRI.DEEPAK ASHOK KUMAR

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RESPONDENT NO.1/ RESPONDENT NO.2/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR. HIGH COURT OF KERALA

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2 KOYENCO AUTOS PVT LTD. HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO HOUSE, WESTHILL (PO), KOZHIKODE TALUK AND DISTRICT, KERALA-673005,THROUGH ASHIQUE P.P, DIRECTOR.

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R2 BY ADV. SRI.S.RAJEEV R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R2 BY ADV. SRI.V.VINAY R2 BY ADV. SRI.K.ANAND

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PUBLIC PROSECUTOR SRI.RAMESH CHAND, SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH Crl.MC.550/2021(G), Crl.MC.551/2021(H), Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.428/2021 AND CONNECTED CASES 2

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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 P.SOMARAJAN

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Crl.MC.No.550 OF 2021(G)

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CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE

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PETITIONER/2ND ACCUSED:

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S.Y. SIDDIQUI, AGED 61 YEARS EXECUTIVE ADVISOR, MARUTI SUZUKI INDIA LIMITED, 1, NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI - 110 070.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH SHRI.DEEPAK ASHOK KUMAR

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RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI- 682 031.

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2 KOYENCO AUTO PVT. LTD., HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO HOUSE, WESTHILL P. O., KOZHIKODE TALUK AND DISTRICT, KERALA - 673 005, THROUGH ASHIQUI P.P, DIRECTOR.

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R2 BY ADV. SRI.S.RAJEEV R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R2 BY ADV. SRI.V.VINAY R2 BY ADV. SRI.K.ANAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.551/2021(H), Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.428/2021 AND CONNECTED CASES 3

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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 P.SOMARAJAN

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Crl.MC.No.551 OF 2021(H)

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CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE

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PETITIONER/3RD ACCUSED:

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PANKAJ BHANDULA, AGED 56 YEARS, VICE PRESIDENT OF MARUTI SUZUKI INDIA LIMITED,1,NELSON MANDELA ROAD, VASANT KUNJ,NEW DELHI-110070.

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BY ADVS. SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH SHRI.DEEPAK ASHOK KUMAR SRI.S.SREEKUMAR (SR.)

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RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 KOYENCO AUTOS PVT.LTD, HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO HOUSE,WESTHILL(P.O),KOZHIKODE TALUK AND DISTRICT,KERALA-673005, THROUGH ASHIQUE P.P, DIRECTOR.

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R2 BY ADV. SRI.S.RAJEEV R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R2 BY ADV. SRI.K.ANAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.550/2021(G), Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.428/2021 AND CONNECTED CASES 4

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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 P.SOMARAJAN

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Crl.MC.No.552 OF 2021(H)

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CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE

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PETITIONER/4TH ACCUSED:

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MR. VIPUL SACHDEVA, AGED 43 YEARS, DESIGN AND CONCEPT DEVELOPMENT, HEAD OF MARUTI SUZUKI INDIA LIMITED, 1, NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI - 110 070.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH SHRI.DEEPAK ASHOK KUMAR

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RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 KOYENCO AUTOS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO HOUSE, WESTHILL P. O., KOZHIKODE TALUK AND DISTRICT, KERALA - 673 005, THROUGH ASHIQUE P. P., DIRECTOR. R2 BY ADV. SRI.S.RAJEEV R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R2 BY ADV. SRI.V.VINAY R2 BY ADV. SRI.A.ANAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.550/2021(G), Crl.MC.551/2021(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.428/2021 AND CONNECTED CASES 5

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ORDER

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The crime registered on the ground of violation

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and non-fulfilment of an agreement under Section 406 and 420 r/w Section 34 IPC on a reference under Section 156(3) Cr.P.C. sought to be quashed by the petitioner/accused, Managing Director of a company. Annexure A3 is not supported by any consideration so as to make it as a valid contract and it is not a registered agreement. As such, it will not

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satisfy a valid contract. Hence, it has no binding force.

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The learned counsel for the defacto

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complainant submitted that no consideration is necessary to effectuate an agreement for sale of immovable property. It cannot be accepted simply

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on the reason that no different treatment was given with respect to a contract for sale of immovable property apart from the other contracts either in

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the Indian Contract Act or in the Transfer of

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Crl.MC.428/2021 AND CONNECTED CASES 6

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Property Act. Hence, there is no occasion for attracting either the offence under Sections 406 or 420 IPC. The entire proceedings are hereby quashed.

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All the Crl.M.Cs. are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.428/2021 AND CONNECTED CASES 7

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APPENDIX OF Crl.MC 428/2021

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PETITIONER'S/S ANNEXURES:6

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ANNEXURE A1 COPY OF THE FIR DATED 5/1/2021. ANNEXURE A2 COPY OF THE COMPLAINT DATED 4/1/2021. ANNEXURE A3 COPY OF THE NON- BINDING TERM SHEET DATED MAY 10, 2019. ANNEXURE A4(COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE-OCTOBER 2019. ANNEXURE A5 COPY OF COMMUNICATION DATED JANUARY 16,2020 FROM THE RESPONDENT NO. 2 ANNEXURE A6 COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL. ANNEXURE A7 COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2. ANNEXURE A8 COPY OF REPLY SENT ON BEHALF OF MSIL, DATED JULY 7, 2020. ANNEXURE A9 COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO. 2. ANNEXURE A10 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.

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RESPONDENTS ANNEXURES:NIL

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Crl.MC.428/2021 AND CONNECTED CASES 8

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APPENDIX OF Crl.MC 550/2021

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PETITIONER'S/S ANNEXURES:

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ANNEXURE	A1	COPY OF THE FIR DATED 05.01.2021 NO.0006/21
ANNEXURE	A2	COPY OF THE COMPLAINT DATED 04.01.2021 OF R2
ANNEXURE	A3	COPY OF THE NON-BINDING TERM SHEET DATED MAY 10, 2019.
ANNEXURE	A4 (COLLY)	COPY OF THE E-MAILS SENT BY MSIL DURING JUNE - OCTOBER 2019.
ANNEXURE	A5	TRUE COPY OF COMMUNICATION DATED JANUARY 16, 2020 FROM THE RESPONDENT NO.2.
ANNEXURE	A6	COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL.
ANNEXURE	A7	COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2 DATED MAY 22, 2020.
ANNEXURE	A8	COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7, 2020.
ANNEXURE	A9	COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO.2.
ANNEXURE	A10	COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.

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RESPONDENTS ANNEXURES:NIL

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Crl.MC.428/2021 AND CONNECTED CASES 9

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APPENDIX OF Crl.MC 551/2021

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PETITIONER'S/S ANNEXURES:

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ANNEXURE A1 COPY OF FIR DATED 5/1/2021 FIR NO.0006/2021 ANNEXURE A2 COPY OF THE COMPLAINT DATED 4/1/2021 RESPONDENT NO.2 ANNEXURE A3 COPY OF THE NON-BINDING TERM SHEET DATED MAY 10,2019

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ANNEXURE A4(COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE -OCTOBER 2019 ANNEXURE A5 COPY OF EMAILS DATED SEPTEMBER 16,2019 AND SEPTEMBER 17,2019 BETWEEN THE PETITIONER AND OTHER OFFICIALS OF MSIL.

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ANNEXURE A6 TRUE COPY OF COMMUNICATION DATED JANUARY 16,2020 FROM THE RESPONDENT NO.2

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ANNEXURE A7 COPY OF COMMUNICATION DATED JANUARY 21,2020 SENT ON BEHALF OF MSIL

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ANNEXURE A8 COPY OF THE LEGAL NOTICE ISUSED BY THE RESOPNDENT NO.2

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ANNEXURE A9 COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7,2020 ANNEXURE A10 COPY OF LETTER DATED NOVEMBER 7,2020 SENT BY THE RESPONDENT NO.2 ANNEXURE A11 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2,2020.

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RESPONDENTS ANNEXURES:NIL

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Crl.MC.428/2021 AND CONNECTED CASES 10

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APPENDIX OF Crl.MC 552/2021

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PETITIONER'S/S ANNEXURES:

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ANNEXURE A1	COPY OF THE FIR DATED 5.1.2021.
ANNEXURE A2	COPY OF THE COMPLAINT DATED 04.01.2021.
ANNEXURE A3	COPY OF THE NON-BINDING TERM SHEET DATED MAY 10, 2019.
ANNEXURE A4 (COLLY)	COPY OF THE E-MAILS SENT BY MSIL DURING JUNE - OCTOBER 2019.
ANNEXURE A5	COPY OF EMAILS DATED SEPTEMBER 16, 2019 AND SEPTEMBER 17, 2019 BETWEEN THE PETITIONER AND OTHER OFFICIALS OF MSIL.
ANNEXURE A6	TRUE COPY OF COMMUNICATION DATED JANUARY 16, 2020 FROM THE RESPONDENT NO.2.
ANNEXURE A7	COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL.
ANNEXURE A8	COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2.
ANNEXURE A9	COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7, 2020.
ANNEXURE A10	COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO.2.
ANNEXURE A11	COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.

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RESPONDENTS ANNEXURES:NIL

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P.A. TO JUDGE

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//TRUE COPY//

Pankaj Bhandula v. State of Kerala

Case brief

What is this about?

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Pankaj Bhandula v. State of Kerala

Case brief

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