The High Court of Kerala dismissed a writ petition wherein petitioners sought to regularize a loan account and recover a seized vehicle from a private finance company. The Court held the respondent is not a State entity, rendering the writ petition non-maintainable.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
WP(C) NO. 13456 OF 2022
PETITIONERS:
1 NAJEENA ASHARAF, AGED 47 YEARS W/O. ASHARAF M, SULEKHA MANZIL HOUSE, ATHIKKATTUKULANGARA P.O, ALAPPUZHA DISTRICT - 690504.2 ASHARAF M., AGED 51 YEARS S/O. MUHAMMED RAWTHER, SULEKHA MANZIL HOUSE, ATHIKKATTUKULANGARA P.O, ALAPPUZHA DISTRICT - 690504.BY ADV A.SANIL KUMAR
RESPONDENT:
MUTHOOT VEHICLE AND ASSET FINANCE LIMITED
MUTHOOT CHAMBERS, 2ND FLOOR, KURIAN TOWER,
BANERJI ROAD, ERNAKULAM - 682018,
REPRESENTED BY ITS AUTHORISED OFFICER.
SRI.SABU S.KALLARAMEDA, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WP(C) No.13456 of 2022
JUDGMENT
Dated this the 21st day of November, 2022
The writ petition is again heard today after recalling the
earlier judgment dated 08.04.2022, as per the Order in R.P. No.855 of 2022.
petition:
3. The respondent is a Private Limited Vehicle and
Asset Finance Company. The respondent contended that it is
WP(C) No.13456 of 2022
3
not an instrumentality of the State. It is not an arm of the State. The State has no investments or shareholdings in the Company. The respondent does not discharge any public function either.
I find that the nature of the respondent-company being so, no writ petition is maintainable against the respondent
under Article 226 of the Constitution of India. The writ petition is hence dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.13456 of 2022
4
APPENDIX OF WP(C) 13456/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE VEHICLE BEARING
REGISTRATION NO. KL.31.L-3803.
Exhibit P2TRUE COPY OF THE C.M(ARB) NO.219/2022
ON THE FILE OF THE HON'BLE COMMERCIAL
COURT, ERNAKULAM.
Exhibit P3TRUE COPY OF THE I.A.NO. 1/2022 IN
C.M(ARB), NO.219/2022 ON THE FILES OF
THEHON'BLECOMMERCIALCOURT,
ERNAKULAM.
Exhibit P4TRUE COPY OF THE ORDER DATED 2.3.2022
IN I.A NO.1/2022 IN C.M(ARB). NO.
219/2022 ON THE FILES OF THE HON'BLE
COMMERCIAL COURT, ERNAKULAM.
Exhibit P5TRUE COPY OF THE COMMISSION WARRANT
ISSUE IN C.M(ARB), NO.219/2022.
Exhibit P6TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER AFTER TAKING
PHYSICAL POSSESSION OF THE VEHICLE.
1 issue framed by the court
Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private limited vehicle finance company which is not an instrumentality or arm of the State.
1 provisions across 1 enactments
NAJEENA ASHARAF
ASHARAF M.
MUTHOOT VEHICLE AND ASSET FINANCE LIMITED
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court