P. SREEDEV, MANAGING PARTNER, ASWAS COMMUNITY PHARMACY AND HEALTH CARE CENTRE Vs. CITY POLICE COMMISSIONER, OFFICE OF COMMISSIONER, KOLLAM

JUDGEMENT

(1.) The 1st petitioner claims to be the Managing Partner of a firm named Aswas Community Pharmacy and Health Care Centre, functioning at Chinnakkada in Kollam. He also claims to be the Managing Director of PPK Biomed (P) Ltd. The 2nd petitioner is his wife, who is also the Director of the above company. The company is involved in the business of surgical instruments, hospital and laboratory equipments, etc. The aforesaid company formed a partnership firm along with the party respondents 4 and 5, in which the company is the major share holder, having 66.6% shares and respondents 4 and 5 are having only 16.7% share. The 1st petitioner is the person authorised to apply for the drug license and he is managing the affairs for the company and the firm. The partnership deed is Ext.P1 and the registration particulars of the firm is Ext.P2. The business of surgical equipments is functioning in the ground floor of Jeevan Jyothi Building, owned by L.I.C. of India, taken on lease by the firm as per Ext.P3 lease deed. Respondents 3 to 5 began to misuse the funds of the establishment. As respondents 3 and 4 were natives in Kollam, they were engaged in managing the day-to-day affairs of the firm. The 3rd respondent, who was once the Director of the company, was removed from the Board of Directors because of the malpractices, fraud and misappropriation of funds. This fact was also intimated to the Registrar of Companies and publication was made in a news paper, copy of which is Ext.P4. Respondents 4 and 5 entrusted the 3rd respondent to manage the day-to-day affairs of the firm and though he was removed from the directorship, he continued in the company as a share holder. The petitioners reside in Thiruvananthapuram and the mismanagement of the party respondents 3 to 5 went unnoticed. The party respondents have colluded and started an identical firm in the name as Kollam Aswas Pharmacy, grabbing most of the business connections, which the petitioners' firm had. A complaint has been filed before the Kollam East Police Station against the 4th respondent and the final report of which is Ext.P5, and the same is pending consideration before the Judicial First Class Magistrate Court-I, Kollam. Another criminal case has been registered against respondents 3 to 5, the F.I.R. of which is Ext.P6. Despite the registration of the crimes against the party respondents, they are constantly holding out threat against the life and property of the petitioners. Ext.P7 complaint was lodged by the petitioners seeking protection to their life, but no action has been taken so far. The petitioners have approached the Sub Court, Kollam for settlement of accounts and respondents 3 to 5 challenged the maintainability of that suit. The petitioners obtained a favourable order and that is challenged before this Court by the party respondents in O.P.(C) No.2281/2017. Ext.P8 is another complaint filed by the petitioners before the 2nd respondent for action against the party respondents. Exts.P9 and P10 are also complaints filed by the petitioners for protection. Yet another criminal case has been registered against the party respondents as per Ext.P11. Despite the criminal cases pending against the party respondents, they continue to hold out threat to the life and property of the petitioners and their family and hence the petitioners seek direction to the respondents 1 and 2 to provide adequate protection to them and also to enable them to conduct their firm at Kollam.

(2.) The respondents 4 and 5 appeared through Counsel and filed a counter-affidavit denying all the allegations made against them and stating that it is the 1st petitioner, who misappropriated the amounts with the aid of the 3rd respondent. The respondents have also produced documents as Ext.R4(a) series in support of their contention against the petitioners.

(3.) We heard the learned Senior Government Pleader appearing for respondents 1 and 2, the learned Counsel for the petitioners and the party respondents. Documents perused.