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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Rabi Rout – Appellant
Versus
Mahindra & Mahindra Financial Service Limited, Mumbai – Respondent
| Table of Content |
|---|
| 1. petitioner's request for restraint due to alleged unfair lender conduct. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions regarding procedural fairness and contractual obligations. (Para 7 , 8 , 9) |
| 3. court's analysis on the inapplicability of writ jurisdiction in private lending disputes. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. judgment on the dismissal of the writ petition due to lack of public law concern. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
1. The present writ proceedings arise from an alleged threat issued to the present Petitioner in the guise of the Opposite Party No.1’s notice dated 22.5.2025 for invocation of arbitration proceedings.
2. The Petitioner, approached Mahindra & Mahindra Financial Services Limited for financial assistance to purchase a commercial truck. Upon acceptance of his proposal, a loan of Rs.17,21,153/- along with finance charges of Rs.3,91,584/- was sanctioned, bringing the total agreement value to Rs.21,12,737/-. The petitioner purchased the truck, which was hypothecated in favour of the lender, and agreed to repay the loan in 43 monthly instalments of Rs.35,000/-.
4. Despite this substa
Writ jurisdiction is not applicable for disputes arising from private loans, emphasizing that private financial institutions do not act as public authorities and contractual agreements cannot invoke ....
Judicial intervention in arbitration matters is limited; grievances arising from private loan agreements should utilize statutory remedies and not public law actions.
A private company does not qualify as a 'State' under Article 12 of the Constitution and is not subject to writ jurisdiction unless it performs a public duty.
The court established that no writ could be issued under Article 226 of the Constitution to compel the bank to remedy a breach of contract in a non-statutory contract, unless there was a public inter....
The SARFAESI Act provisions, including the enforcement of security interest, the rights of the borrower, the appeal process, and the non-maintainability of writ petitions against private financial in....
A writ petition is not maintainable to enforce purely private law rights, and the court may dismiss a petition on the ground of maintainability if the dispute arises from a private contract and the r....
Writ petitions against private financial institutions under the SARFAESI Act are not maintainable; statutory remedies must be pursued instead.
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