IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 26140 of 2011(N) -------------------------- PETITIONER(S): --------------- M/S. INDUS IND BANK LTD., (VEHICLE FINANCE DIVISION), LAXMI ENCLAVE, CHANDRA NAGAR, PALAKKAD-678 007, REPRESENTED BY ITS LEGAL EXECUTIVE PARTHEESH.S. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. DEPUTY SUPEPRINTENDENT OF POLICE, PALAKKAD-678 001. 2. SUB INSPECTOR OF POLICE, KASBA POLICE STATION, PUTHUSSERY P.O., PALAKKAD DISTRICT, PIJN-687007. 3. SHYAM SASIDHARAN, 31/1220, NIRMALYAM, KALLEKULANGARA P.O., RAILWAY COLONY, PALAKKAD DISTRICT, PIN-678008. BY GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6/12/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26140 of 2011(N) APPENDIX PETITIONER(S) EXHIBITS EXT.P1-TRUE COPY OF THE INVOICE DATED 30.10.2010 ISSUED FROM M/S.INDUS MOTOR CO.PVT.LTD., PALAKKAD IN FAVOUR OF THE 3RD RESPONDENT. EXT.P2-TRUE COPY OF THE STATEMENT OF ACCOUNT RELATING TO THE LOAN TRANSACTION OF THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.26140 of 2011 -------------------------------------------------- Dated this the 6th day of December, 2011 J U D G M E N T K.Harilal, J The petitioner herein is a Banking Company registered under the Companies Act. The grievance of the petitioner is that the respondents 1 and 2, who have no legal right to interfere with civil dispute, compel the petitioner Bank to repay the instalment amount paid by the 3rd respondent to the petitioner Bank towards the loan transaction entered into between the 3rd respondent and the petitioner Bank. The petitioner seeks a direction from this Court restraining respondents 1 and 2 from harassing the petitioner Bank and its employees in connection with the loan transaction of the 3rd respondent. 2. Mr.M.K.Aboobacker, the learned Government Pleader submits that in connection with the loan transaction between the 3rd respondent and the petitioner, the 3rd respondent filed a complaint before the 1st respondent complaining that he booked a Maruthi Car by paying Rs.50,000/- but the delivery of the vehicle was delayed by the lethargic attitude of the petitioner W.P(C) No.26140 of 2011 2 herein and that it was delivered in March 2011 only. Consequently, he suffered heavy financial loss and he was compelled to pay six monthly instalments before the delivery of the vehicle. The learned Government Pleader further submits that on the basis of the complaint a crime has been registered as Crime No.501/2011 of Kasba Police Station, Palakkad against the petitioner as well as Indus Motors. In the enquiry it was found that it is a civil dispute and the investigation is going on. The Government Pleader submits that the attendance of the petitioner was required only for the investigation on the complaint and he further submits that if his presence is further required, the police will issue notice under Section 160 of the Code of Criminal Procedure. We record the submissions of the learned Government Pleader and this writ petition is disposed of accordingly. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab