Dismissed¶23

V.Sethuraman v. Manager

Madras HC26 Feb 2025WP/6649/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.6649 of 2025, D. Bharatha Chakravarthy J., 26.02.2025; maintainability of writ petition against private bank; hire-purchase vehicle repossession and threatened auction; IndusInd Bank R.S. Puram Coimbatore; CNICA Council for National and International Commercial Arbitration; Commissioner of Police Coimbatore; Article 226 mandamus; vehicle Regn. No. TN38CY9060; dismissed as not maintainable with liberty to approach appropriate forum; no costs.

What did the court decide?

None; liberty kept open to the petitioner to seek the same relief (return of the vehicle) before the appropriate forum. ¶23

V.Sethuraman Vs Manager — Writ and Judicial Review | Madras HC (2025)

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W.P.No.6649 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.6649 of 2025

V.SETHURAMAN

... Petitioner

MANAGER INDUSIND BANK, NO 1, M.K. COMPLEX, 3RD FLOOR, EAST PERIYASAMY ROAD, OPP. TO LOTUS EYE HOSPITAL, R.S. PURAM, COIMBATORE - 641 002.

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THE COUNCIL FOR NATIONAL AND INTERNATIONAL COMMERCIAL ARBITRATION (CNICA) REP. BY ITS SECRETARY GENERAL, UNIT NO. 412, ALPHA WING, RAHEJA TOWERS, NOS. 113-134, ANNA SALAI, CHENNAI 600 002.

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THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, COIMBATORE DISTRICT, COIMBATORE - 641 018. ... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the first respondent from disposing of petitioner vehicle comprised of Ashok Leyland Dost Plus LS FSD BS VI, bearing Engine No. EMH041822P and Chassis No.

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1/3

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https://www.mhc.tn.gov.in/judis

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W.P.No.6649 of 2025

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MB1AA22E6MRDR1559, bearing Registration No. TN38CY9060 in any manner inclusive of auction and consequently direct the first respondent to return the vehicle bearing Registration No. TN38CY9060 to the petitioner.

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For Petitioner : Mr.D.Ashokkumar For R3 : Dr.C.E.Pratap Government Advocate (Crl.Side) ORDER

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This writ petition is filed with a grievance that the petitioner’s hire-

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purchase vehicle has wrongly been repossessed and the petitioner seeks the return of the vehicle.

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It can be seen that the first respondent is a private bank. Therefore, this writ petition is not maintainable. The petitioner can move the appropriate application before the concerned forum for the same relief.

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With the said liberty kept open to the petitioner, this writ petition is

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dismissed as not maintainable. No costs.

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26.02.2025

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Neutral Citation: Yes/No nsl

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2/3

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https://www.mhc.tn.gov.in/judis

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W.P.No.6649 of 2025

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D.BHARATHA CHAKRAVARTHY, J.

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nsl

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THE SECRETARY GENERAL, THE COUNCIL FOR NATIONAL AND INTERNATIONAL COMMERCIAL ARBITRATION (CNICA) UNIT NO. 412, ALPHA WING, RAHEJA TOWERS, NOS. 113-134, ANNA SALAI, CHENNAI 600 002.

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