PRATHEESH ANTONY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioner is as follows: The 2nd respondent had resorted to high handed, objectionable and violent as well as illegal acts to repossess the vehicle bearing registration No.KL-17-D-282 which is owned by the petitioner. Petitioner has no intention at all to run away from the debt. Even then, the 2nd respondent and his henchmen were taking law into their own hands and posing threat to the life of the petitioner, instead of taking legal remedies to repossess the vehicle or recover the due amount. Petitioner had approached the 1st respondent by submitting a written complaint, but so far no action has been taken to prevent the evil activities of the 2nd respondent and his henchmen.

(3.) ACCORDING to the learned counsel for the party respondent, a sum of nearly '.9,00,000/= is due. Learned counsel for the petitioner submits that actually only '.2,00,000/= is due. Learned counsel for the party respondent submits that the party respondent is moving the Arbitrator. Certainly, the party respondent cannot take law into his hand. Hence we dispose of the Writ Petition as follows: There will be a direction to the first respondent to give meaningful police protection from taking the tipper lorry bearing registration No.KL-17-D-282 forcibly by the second respondent and his henchmen. This will be subject to the condition that the petitioner will remit a sum of '.2,00,000/= (Rupees Two Lakhs) which he admits as due in two instalments. The first instalment shall be paid on or before 07.12.2012 and the next instalment shall be paid on or before 07.01.2013. We further make it clear that this will not stand in the way of the second respondent seeking appropriate orders before the Arbitrator and the Arbitrator passing such orders as he feels advised to pass and if any orders are passed by the Arbitrator, this Judgment will not stand in the way of its enforcement in accordance with law.