A.J.JOSEPH Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The vehicle registered in the name of the petitioner bearing No.KL-05 AN 2146 was financed by the seventh respondent. By change of hands, the vehicle was in possession of the sixth respondent. There is a default of loan payment. Fearing that the vehicle would be dismantled and the petitioner would be saddled with the liability, the petitioner approached this Court for police protection to take custody of the vehicle.

(2.) Pursuant to the interim order, the vehicle has been taken into custody with the assistance of police and handed over to the financier.

(3.) After arguing with the case for sometime, the learned counsel for the sixth respondent submitted that he would discharge the entire liability to the seventh respondent within four months. The petitioner submitted that he has no objection in releasing the vehicle to the sixth respondent, provided, the entire loan amount is discharged by the sixth respondent. The seventh respondent submitted that there is no privity of contract with the sixth respondent and the vehicle can be only given back to the petitioner on clearing the loan amount. In view of the fact that the first respondent has no objection in releasing the vehicle to the sixth respondent on clearing the loan amount based on the consensus arrived at by the parties, I dispose the writ petition with the following directions: