V.A.P. Industries vs. Inspector Of Police

WP(C)/9778/2023HC KeralaGSTCNR KLHC01022239202330 March 2023Bench: HONOURABLE MR.JUSTICE N.NAGARESH7 pages
For Petitioner: P.N.SANTHOSH, K.P.GEETHA MANI, SRI.RANJITH THAMPAN (SR) APPEARS FOR THE, PETITIONERFor Respondent: SRI.E.C. BINEESH, GP, SRI.ABRAHAM SAMSON, SMT.LOVELY SAMSON(K/86-A/1999)
AI SummaryDismissed

Held

The High Court held that it would be improper to grant police protection as the core dispute was a partnership matter already pending before the Commercial Court. The Court dismissed the petition but directed the police to address any law and order issues brought to their notice.

Facts

The petitioner, a plastic chair manufacturer, sought police protection against alleged illegal trespass, harassment, and machinery damage by respondents 3 and 4, who were former partners. Respondents 3 and 4 denied retirement and claimed to be active partners, while a civil suit regarding the partnership dispute was pending.

Key Issues

Whether police protection should be granted to a partnership firm against alleged interference by former/disputed partners, especially when a civil suit on the partnership dispute is pending before a competent Commercial Court.

Sections Cited

None

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 WP(C) NO. 9778 OF 2023 PETITIONER: M/S. V.A.P. INDUSTRIES, PLOT NO. D-116, DIAMOND ROAD, INDUSTRIAL & TEXTILE PARK, MENONPARA ROAD, KANJIKODE EAST P.O., PALAKKAD DISTRICT-678621. REPRESENTED BY ITS MANAGING PARTNER SHRI. GEORGE JOSE MATHEW, AGED 42, SON OF P.V JOSE, PATTOLY HOUSE, KOOVAPPADY P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN:683544. BY ADVS. P.N.SANTHOSH K.P.GEETHA MANI SRI.RANJITH THAMPAN (SR) APPEARS FOR THE PETITIONER RESPONDENTS: 1 INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD, PIN – 678624 2 THE SUB INSPECTOR OF POLICE WALAYAR POLICE STATION, PALAKKAD., PIN – 678624 3 SREEJITH GOPI AGED 42 YEARS S/O V.R.GOPI, VELAMMAVUKUDY HOUSE, OKKAL P.O, CHELAMATTAM, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN – 683550

WP(C) No.9778 of 2023 2 4 SHAJI P.S AGED 47 YEARS S/O SUBRAMANIAN, POONOLI HOUSE, OKKAL P.O, CHELAMATTAM, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN – 683550 BY ADVS. SRI.E.C. BINEESH, GP SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON(K/86-A/1999) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2

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