Suman vs State Of U.P. And 2 Others
2023 Latest Caselaw 15705 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108346-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 14213 of 2023
 

 
Petitioner :- Suman
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shyam Singh Somvanshi,Alok Kumar Mishra,Avnish Chandra Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Prashant Kumar,J.

1. Perused office report dated 11.5.2023, according to which, notice sent to respondent no. 3 by registered post had been duly delivered. Accordingly, service of notice upon respondent no. 3 is held to be sufficient.

2. The petitioner has prayed for a writ of mandamus commanding respondent no. 3 to accept the outstanding amount of loan and interest in easy installments. He has also prayed for a direction to permit the petitioner to use her vehicle without any interference.

4. It is not disputed that the petitioner had taken loan from respondent no. 3 which is a private finance company. It is also not disputed that since there was default in repayment of loan, therefore, respondent no. 3 had repossessed the vehicle as it was hypothecated in its favour.

5. As respondent no. 3 is a private finance company, therefore, in view of judgment of Supreme Court in Phoenix ARC Private Limited Vs. Viswa Bharati Vidya Mandir and Ors. reported in 2022(5) SCC 34, the instant petition would not be maintainable.

6. However, since the petitioner wants to repay the loan in installments, we leave it open to her to approach respondent no. 3 for consideration of the said offer.

7. The petition stands disposed of accordingly.

(Prashant Kumar, J.) (Manoj Kumar Gupta, J.)

Order Date :- 18.5.2023/Jaideep/-