A writ petition seeking writs of mandamus against the State and numerous finance companies, praying for relief on loan EMIs during the lockdown, was declined for entertainment as the relief sought was against respondents not amenable to writ jurisdiction.
The petition was declined to be entertained and disposed of in the interests of the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021 PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.15572/2020 (GM-RES-PIL)
BETWEEN
ZAHEER ABBAS S/O ALLAH BAKAHASH AGED ABOUT 44 YEARS NO.325, OLD MADRAS SOAP FACTORY FACBON ROAD, D J HALLI BENGALURU NORTH-560045
...PETITIONER
(BY SRI SIRAJUDDIN AHMED, ADVOCATE)
AND
1 . STATE OF KARNATAKA REP BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001
2 . BOHRA INVESTMENTS NO.3/88, 1ST FLOOR 9TH MAIN, 4TH BLOCK JAYANAGAR BANGALORE-560011
3 . D. UTHAMCHAND JAIN & SONS NO.7, SUNDARA MUDALIYAR STREET ULSOOR, BANGALORE-560008
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4 . MARUDHAR FINANCE NO.3, P H COMPLEX VANNARPET, BANGALORE-560047
5 . MAYUR INVESTMENTS NO.48, 2ND FLOOR, 1ST MAIN 4TH CROSS, VANNARPET BANGALORE-560047
6 . M. JAYCHAND NO.1, SOUTH STREET YELLAGONDA PALYAM AUSTIN TOWN, BANGALORE 560047
7 . KEVALCHAND RANKA NO.9, 1ST CROSS ANNPURA, SUDHAMA NAGAR BANGALORE-560027
8 . U. SIDDARTH & SONS NO.7, SUNDARA MUDILIYAR STREET ULSOOR, BANGALORE-560008
9 . KUSHAL ENTERPRISES NO.209, 3RD MAIN ROAD CHAMRAJPET, BANGALORE-560018
10 . M BHARATH KUMAR NO.13, SOUTH STREET YELLAGONDANA PALYAM AUSTIN TOWN, BANGALORE-560047
11 . MADAN FINANCE NO.17/3, 1ST FLOOR VISHAL COMPLEX CAMBRIDGE ROAD, ULSOOR BANGALORE-560008
12 . MAHENDRA KUMAR S J-34, BINNY MILL ROAD BANGALORE-560023
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13 . NAGSETHIYA INVESTMENT MARATHALLI, BANGALORE-560047
14 . POOJA AUTOMOTIVE FINANCE CO NO.186, K B A R ROAD AUSTIN TOWN MAIN ROAD BANGALORE-560047
15 . PRAKASH FINANCIAL CREDITS NO.55, 1ST FLOOR, CAMBRIDGE LAYOUT SRI SHIRDI SAI BABA MANDIR ROAD ULSOOR, BANGALORE-560008
16 . PAVAN INVESTMENTS NO.15/4-1, SADASHIVAMUDULIYAR ROAD ULSOOR, BANGALORE-560008
17 . SURAJ AUTO MOBILE FINANCE NO.65, SHIVAJI ROAD SHIVAJI NAGAR BANGALORE-560051
18 . SHA PARASMAL VASANTH RAJ NO.33, CHIK BAZAAR ROAD SHIVAJI NAGAR BANGALORE-560051
19 . U SIDDARTH NO.7, SUNDARA MUDULIYAR STREET ULSOOR, BANGALORE-560008
20 . VISHAL FINANCE NO.19, MASJID STREET Y G PALYAM, AUSTIN TOWN BANGALORE-560047
21 . NAGESTHIYA FINANCE MARATHALLI, BANGALORE-560030
22 . PARAS INVESTMENTS NO.7, BALAJI THEATER COMPLEX VANNURPET, BANGALORE-560047
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23 . PUSHPAK INVESTMENTS NO.173/2, C LAL MASJID STREET 1ST FLOOR, OPH ROAD CROSS BANGALORE-560051
24 . CITY FORT INVESTMENTS NO.290/2, OPP. SABHARWAL HOTEL WILSON GARDEN, BANGALORE-560027
25 . LALITH SAI FINANCE NO.20, MASJID STREET, Y G PALYA AUSTIN TOWN, BANGALORE-560047
26 . U ANAND KUMAR NO.7, SUNDARA MUDALIYAR STREET ULSOOR, BANGALORE-560008
27 . U ANAND KUMAR & SONS NO.7, SUNDARA MUDALIYAR STREET ULSOOR, BANGALORE-560008
28 . SANTHOSH FINANCE No.3, PH COMPLEX VANNARPET, BANGALORE-560047
29 . BHARATH INVESTMENTS NO.44, GROUND FLOOR PALMGROVE ROAD AUSTIN TOWN, BANGALORE-560047
30 . KANAKADURGA FINANCE LTD E1, 5TH CROSS, 2ND PHASE 24TH MAIN, J P NAGAR NEAR R V DENTAL COLLEGE BANGALORE-560078
31 . VARALAKSHMI FINANCE NO.29, RAMAKRISHNA MUTT ROAD ULSOOR, BANGALORE-560008
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32 . V M AUTO CONSULTANT FINANCE NO.18 (S), 2ND A MAIN 1ST STAGE, 2ND PHASE CHANDRA LAYOUT, VIJAYANAGAR BANGALORE-560040 33 . V M AUTO FINANCE NO.4, BANJARA CIRCLE BANJARA LAYOUT BANGALORE-560043 34 . SAYAM FINANCE NO.270, NO.2, OPHRD NEXT TO JAIN TEMPLE SHIVAJINAGAR BANGALORE-560051 35 . CHEERS FINANCIAL SERVICES PVT LTD NO.135/3, VIJAYA ARCHADE SHOP NO.4, 1ST FLOOR, LALBAGH ROAD BANGALORE-560027 36 . VINAYAKA INVESTMENTS NO.9, 1ST CROSS PATTABI RAMAIAH STREET RV ROAD, MAVALLI BANGALORE-560004 37 . KAMAL ASSOCIATES & PAVAN BROKERS NO.9, KADARENAHALLI MAIN ROAD BSK 2ND STAGE, BANGALORE-560070 38 . BALAJI INVESTMENTS NO.58, APPAIAH COMPLEX SEPPINGS ROAD NEAR MUTHYALAMMA TEMPLE SHIVAJINAGAR BANGALORE-560001
…RESPONDENTS
(BY SRI S S MAHENDRA, AGA FOR R-1)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION TO THE RESPONDENTS NOT TO CHARGE INTEREST ON LOANS FOR A BALANCE EMI’S NOT PAID DUE TO THE LOCKDOWN AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner.
of Autorickshaws, Taxies and Goods and Transport vehicles. A blanket prayer is made for issuing a writ of mandamus directing various Finance Companies not to charge interest on the loans if EMI was not paid during the period of lockdown due to COVID-19. The second prayer is to adjust the balance EMI during the period of lockdown by extending the loan tenure. The third prayer is to direct the Finance Companies which are the respondent Nos.2 to 38 not to seize any commercial vehicles for non-payment of EMI during the period of lockdown.
whom directions have been sought by way of a writ of mandamus can be said to be ‘State’ within the meaning of Article 12 of the
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Constitution of India. Secondly, the petitioner has stated that he himself is an Auto driver. Thirdly, the petitioner is the President of Netaji Subhas Chandra Bose Auto and Taxi Drivers Welfare Association who now claims to have resigned from the post. Thus, even the petitioner has a personal interest in the subject matter.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
bkv
1 issue framed by the court
Whether the High Court should entertain a writ petition seeking directions to non-State finance companies not to charge interest during the lockdown.
2 provisions across 1 enactments
Zaheer Abbas
State of Karnataka
Bohra Investments
D. Uthamchand Jain & Sons
Marudhar Finance
Mayur Investments
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
