WPMS/724/2021
2021 Latest Caselaw 1418 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 8TH DAY OF APRIL, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
           Writ Petition (M/S) No. 724 of 2021
BETWEEN:

M/s Vyasa Infra Developers                      ...Petitioner
      (By Mr. Arvind Vashisth, learned Senior Advocate
      assisted by Dr. Rohit Arora, Advocate)

AND:

SMC Finance-Moneywise Financial Services
Pvt. Ltd.                        ...Respondents


                        JUDGMENT

1. Amendment application (IA No. 4 of 2021) is allowed.

2. Petitioner took a loan from SMC Finance- Moneywise Financial Services Pvt. Ltd. According to the petitioner, he has made a representation to the respondent, but no decision has been taken thereupon.

3. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ, order in the nature of mandamus directing the officials of the Respondent NBFC to consider the representation/objection dated 24.02.2021 in respect of loan account no. VYIDA01 and communicate the reply to the representation/objection dated 24.02.2021 made by the Petitioner firm.

4. This Court is not inclined to entertain the writ petition for two reasons. First, it is admitted to the petitioner that proceedings under Section 13(4) of SARFAESI Act, 2002 have been initiated against him, therefore, he has statutory remedy available to him under Section 17 of SARFAESI Act, 2002. Secondly, respondent is not State or instrumentality of State, within the meaning of Article 12 of the Constitution, therefore, writ of mandamus cannot be issued to the respondent, which is a private non- banking finance company.

5. In such view of the matter, writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Aswal