Biju Joseph vs The Assistant Commissioner Of … on 2 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26858 of 2010(F)


1. BIJU JOSEPH, S/O.A.M.JOSEPH,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE MANAGER, KODAK MAHINDRA PRIME LTD,

                For Petitioner  :SRI.K.R.SUNIL

                For Respondent  :SRI.LAL K.JOSEPH

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :02/09/2010

 O R D E R
                             K.M. JOSEPH &
                         M.C. HARI RANI, JJ.
                  -----------------------------------------
                     W.P.(C).NO. 26858 OF 2010 F
                  ------------------------------------------
                    Dated this the 2nd September, 2010.

                                JUDGMENT

K.M. Joseph, J.

Petitioner is the registered owner of a vehicle bearing

registration No.KL07 BJ 42. It is under hypothecation with the

third respondent. The complaint is of attempts to forcibly re-

possess the vehicle. Police protection is sought.

2. We heard the learned counsel appearing for the parties

including the learned Government Pleader.

3. There can be no dispute for the proposition that the

Finance Company cannot forcibly re-possess the vehicle. It is far

too well settled by a catena of decisions that they must secure

orders in accordance with law from the competent Forum. Of

W.P.(C).NO.26858 OF 2010 F 2

course, learned counsel for the third respondent denies the

allegations made. It is submitted that the third respondent has no

intention to forcibly re-possess the vehicle and that they will take

steps in accordance with law only. We record the said submission

and direct respondents 1 and 2 to give protection so as to see that

the third respondent does not forcibly re-possess the vehicle

bearing registration No. KL 07 BJ 42 on condition that the

petitioner will pay a sum of Rs.20,000/= (Rupees Twenty

Thousand) to the third respondent in two instalments within thirty

days from today. The first instalment of Rs.10,000/= (Rupees Ten

Thousand) shall be paid on or before 15.09.2010 and the second

instalment of Rs.10,000/= (Rupees Ten Thousand) on or before

30.9.2010 towards the amount due from the petitioner to the third

respondent. We leave it free to the third respondent to approach

the appropriate Forum seeking appropriate orders. Any payment

W.P.(C).NO.26858 OF 2010 F 3

made by the petitioner will be given due credit.

The Writ Petition is disposed of as above.

Sd/=
K.M. JOSEPH,
JUDGE

Sd/=
M.C. HARI RANI,
JUDGE

kbk.

//True copy//

PS to Judge