The petitioner sought a writ to release a motorcycle confiscated by a financer for default on loan installments. The Court declined to entertain the writ, holding that jurisdiction does not extend to compelling a private financer to release seized property after unpaid premiums. The petition was dismissed.
Writ petition dismissed.
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Neutral Citation No. - 2023:AHC:165436-DB
Court No. - 40
Case :- WRIT - C No. - 20486 of 2023
Petitioner :- Gulab Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ravindra Pratap Singh Counsel for Respondent :- C.S.C.,Chandan Sharma
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Heard learned counsel for the petitioner and Shri Chandan Sharma, learned counsel for respondent.
Present writ petition is preferred with a prayer to command the respondent authorities to release the motor vehicle i.e. Passion Pro having Registration No.UP-70-EZ-2984 in favour of the petitioner, expeditiously.
It transpires from the record that petitioner has purchased the motorcycle i.e. Passion Pro bearing Registration No.UP-70-EZ2984 to the tune of Rs.56,075/- on loan with installment through financer i.e. Hero Financial Corporation Finance Ltd. Prayagrajseventh respondent. It appears that petitioner could not manage to deposit the installment amount since 12.01.2023 and as such, the vehicle is confiscated by the financer company.
Learned counsel for the respondent raised an objection that the entire relief is asked against the private incumbent, which is not amenable under Article 226 of the constitution of India. He apprised to the Court that the vehicle has been seized and thereafter sold, even third party rights have also been created as such, no interference is required in the matter.
Considering the facts and circumstances of the case, we are not inclined to entertain the writ petition, as admittedly vehicle in question has been seized by the financer- seventh respondent on account of non payment of due premium/installment.
In view of the above, the writ petition is dismissed .
Order Date :- 17.8.2023 A. Pandey
Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can issue a writ of mandamus to command private financer authorities to release a confiscated motor vehicle.
Gulab
State Of U.P.
Hero Financial Corporation Finance Ltd. Prayagraj
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
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