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2006 Supreme(Ker) 636

K.R.UDAYABHANU
Shibi Francis – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The writ petitioner who is the registered owner of a car, Innova 2.0 G3 with Registration No. KL-4/S-3655, has sought for a direction to the second respondent, Sub Inspector of Police, North Police Station, Alappuzha to register a case on the complaint submitted by her dated 22-7-2006 regarding the theft of her vehicle and also for a direction to have an expeditious recovery of the above vehicle and produce the same before the Judicial First Class Magistrate, Alappuzha having the jurisdiction over the area. It is submitted that the petitioner had executed loan agreement as per which she had availed finance from the third respondent, Financier with the condition that the same shall be repaid in equal monthly instalments. Blank cheques were also obtained by the financier as a further security for the transaction apart from the vehicle. The monthly payment was at the rate of Rs.14,000 and the amount is to be paid in 57 instalments. Agreement is dated 13-2-2005. Owing to financial stringency, the petitioner could not remit two instalments. A lawyer notice was received from the third respondent directing to clear the dues within seven days from the date of the notice. Notice






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