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2011 (87) ALR 630
HIGH COURT OF JUDICATURE AT ALLAHABAD
Satya Poot Mehrotra,J. Rajesh Chandra,J.
Mumtaz Ahmad
Vs.
State Of U.P. Thru Secy. And Others
WRIT - C No. - 30786 of 2011
Decided on : 25.5.2011
Demand Notice - Commercial Transaction - The court found that the transaction between the petitioner and the respondent was purely commercial, and as the respondent was not a government company and did not violate any statutory duty, the writ petition was dismissed as not maintainable.
Fact of the Case:
The petitioner defaulted on a loan from the respondent and sought to pay the balance amount in easy installments. The court found that the respondent was not in violation of any statutory duty and dismissed the writ petition as not maintainable.
Finding of the Court:
The court found that the writ petition against the respondent was not maintainable and dismissed it on that ground.
Issues: The issue was whether the writ petition against the respondent was maintainable.
Ratio Decidendi: The court held that as the transaction was purely commercial and the respondent did not violate any statutory duty, the writ petition was not maintainable.
Final Decision: The writ petition was dismissed as not maintainable, but the petitioner was allowed to seek appropriate relief through the appropriate remedy before the appropriate forum.
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.
2. Copy of the said reply has been filed as Annexure 4 to the Writ Petition.
3. 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.
4. We have heard Shri Shiva Kant Srivastava, learned counsel for the petitioner.
5. 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.
6. 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.
7. The Writ Petition is accordingly dismissed as not maintainable.
8. 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.
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