Mrs.Jyoti Agarwal And Another vs State Of U.P. And Another
2023 Latest Caselaw 5014 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 584 of 2023
 

 
Petitioner :- Mrs.Jyoti Agarwal And Another
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Jai Raj,Mrityunjay Singh
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

Present writ petition has been preferred for direction in the nature of certiorari quashing the award passed by K.K. Tyagi (Retd. Judge), Sole Arbitrator in an arbitration proceeding bearing reference no. 59 of 2014 (M/s Shriram Transport Finance Company Ltd. Vs. Mrs. Jyoti Agarwal and another) on 26.11.2016 and further prayed for direction in the nature of mandamus commanding the respondents authorities not to take any coercive action against the petitioners.

At the very outset, learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition on the ground that present writ petition under Art.226 of the Constitution of India has been preferred mainly against respondent no. 2 i.e. M/s Shriram Transport Finance Company Ltd., Regional Office at Shop No. 1 and 5, Ist Floor, Ram Raghu Plaza, Khandari Road, Agra (U.P.), which is not a 'State' under Art.12 of the Constitution and its actions are also not amenable for judicial review under Art.226 of the Constitution of India and as such the writ petition is liable to be dismissed. In support of his submissions, he has placed reliance on the Full Bench decision of this Court in the case of M.K. Gandhi & Ors. v. Director of Education (Secondary) U.P., Lucknow & Ors., 2005 (4) ESC 2265; judgment dated 21.5.2019 passed in Writ-C No.17419 of 2019 (Vipin Pandey v. Shri Ram Transport Finance Company Ltd. & Anr.) and the judgment of Hon'ble the Apex Court dated 12.1.2022 in Civil Appeal Nos.257-259 of 2022 (Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir & Ors.). He further submits that in case the petitioners is aggrieved, they may file civil suit in the matter.

We have proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. The writ petition is accordingly dismissed with liberty to the petitioners to seek remedy before the appropriate civil court having jurisdiction over the matter.

Order Date :- 15.2.2023

Jaswant