Mumtaz Ahmad vs State Of U.P. Thru Secy. And Others
2011 Latest Caselaw 2000 ALL

Citation : 2011 Latest Caselaw 2000 ALL
Judgement Date : 25 May, 2011

Allahabad High Court

Mumtaz Ahmad vs State Of U.P. Thru Secy. And Others on 25 May, 2011

Bench: Satya Poot Mehrotra, Rajesh Chandra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 30786 of 2011
 

 
Petitioner :- Mumtaz Ahmad
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- Shiva Kant Srivastava
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

The petitioner took loan from the respondent no. 4 (Shriram Transport Finance Co. Ltd.) for purchasing a Truck. The petitioner committed default in payment of loan. Consequently, a Demand Notice dated 9th March, 2011 was issued to the petitioner. The petitioner had given reply dated 5-4-2011 to the said Demand Notice dated 9th March, 2011.

Copy of the said reply has been filed as Annexure 4 to the Writ Petition.

The petitioner has filed the present Writ Petition, inter-alia, praying for directing the respondent no.4 (Shriram Transport Finance Co. Ltd.) to accept the balance amount in respect of the loan in easy instalments.

We have heard Shri Shiva Kant Srivastava, learned counsel for the petitioner.

From a perusal of the Writ Petition and Annexures thereto, we find that Shriram Transport Finance Co. Ltd. is a registered Company under the Companies Act, 1956. The said Company is not a Government Company, nor is covered under the definition of "State" under Article 12 of the Constitution of India. No statutory duty on the part of the said Company, namely, Shriram Transport Finance Co. Ltd. is shown to have been violated. The transaction between the petitioner and the respondent no.4-Shriram Transport Finance Co. Ltd. is purely commercial transaction. On account of failure on the part of the petitioner in paying loan to the respondent no.4 (Shriram Transport Finance Co. Ltd.), the Company has issued a Demand Notice.

In view of the above, we are of the opinion that the Writ Petition filed by the petitioner against the respondent no.4 (Shriram Transport Finance Co. Ltd.) is not maintainable, and the same is liable to be dismissed on the said ground.

The Writ Petition is accordingly dismissed as not maintainable.

It is made clear that this order will not come in the way of the petitioner in seeking appropriate relief by pursuing appropriate remedy before the appropriate Forum.

Order Date :- 25.5.2011