The petition challenging the seizure of a hypothecated vehicle by a private finance company was dismissed as not maintainable. The High Court followed the Supreme Court decision in Phoenix ARC Private Limited, holding that writs lie only against State authorities, not private finance companies.
The petition was dismissed as not maintainable.
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Court No. - 21
Case :- WRIT - C No. - 39309 of 2022
Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hridai Narayan Sharma,Avanish Tiwari Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla
Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.
The instant petition is directed against the action of respondent no.2 i.e. Tata Motors Finance Ltd. seizing the vehicle of the petitioner. It is not in dispute that the petitioner had taken loan from respondent no.2 and the vehicle was hypothecated in favour of the said respondent. It seems that the petitioner having committed default in repayment of loan, the vehicle was seized by respondent no.2.
Respondent no.2 is a private finance company. In Phoenix ARC Private Limited vs Vishwa Bharati Vidya Mandir, (2022) 5 SCC 345 (Civil Appeal Nos.257/259 of 2022 decided on 12.01.2022) , the Supreme Court has held that writ petition against a private finance company is not maintainable.
Learned counsel for the petitioner is not in a position to show any contrary judgement on the point. Consequently, the petition is dismissed as not maintainable.
The order has been passed in the presence of Sri Ramesh Kumar Shukla, counsel for respondent no.2.
(Vikram D. Chauhan, J.) (Manoj Kumar Gupta, J.)
Order Date :- 31.1.2023 SL
Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition against a private finance company for recovery of a hypothecated vehicle is maintainable.
Whether the cited Supreme Court decision precludes the maintainability of the present petition.
Colour shows how this judgement treated each authority
Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya MandirFollowed¶6
Phoenix ARC Private Limited vs Vishwa Bharati Vidya Mandir, (2022) 5 SCC 345 (Civil Appeal Nos.257/259 of 2022 decided on 12.01.2022)
Ajay Kumar
State Of U.P.
Tata Motors Finance Ltd.
2 Others
Manoj Kumar Gupta
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
