IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 WP(C) NO. 5202 OF 2022 PETITIONER:

SREECHITHIRA O S AGED 48 YEARS D/O.OMANAKUTTAN K.N, KOCHUVEETTIL HOUSE, CHENNITHALA SOUTH P.O, THRIPUNITHURA, MAVELIKARA, ALAPPUZHA- 690105 BY ADV K.C.SUDHEER RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY UNION CHIEF SECRETARY, CENTRAL GOVERNMENT SECRETORIATE, NEW DELHI, PIN: 110001

2 RESERVE BANK OF INDIA, REPRESENTED BY GOVERNER, MAIN BUILDING, SHAHID BHAGAT SINGH ROAD, PIN- 400001

3 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURMA- 695 001

4 SAKTHI FINANCE LTD. BRANCH OFFICE AT CRESENT TOWERS, 2ND FLOOR, AMCW 20/115 VELLAKINAR JUNCTION, ALAPPUZHA – 688001 REPRESENTED BY ITS MANAGER, SAKTHI FINANCE LTD, BRANCH OFFICE AT CRESCENT TOWERS, 2ND FLOOR, AMCW 20/115 VELLAKINAR JUNCTION, ALAPPUZHA DISTRICT- 688001 SRI.APPU PS GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 16^th day of February, 2022 The petitioner states that even though the petitioner is eligible for Moratorium Benefits, the 4^th respondent-Finance Company has not extended the benefit. Therefore, the 4^th respondent should be directed not to proceed against the petitioner’s Ashok Leyland Goods Carrier Tipper Lorry having engine No.JPGZ108083 and Chassis No. MB1HTVHD7JPFC4745.

2. The 4^th respondent in the writ petition is a Private Financing Company having its office at Alappuzha. It is not ‘State’ or an ‘instrumentality of the State’. The dispute raised by the petitioner is purely private dispute between the petitioner and the 4^th respondent. The petitioner has not projected any public duty to be discharged by the 4^th respondent.

In the circumstances, the writ petition is not maintainable.

The writ petition is therefore dismissed.

sd/-

N.NAGARESH JUDGE hmh APPENDIX PETITIONER EXHIBITS EXHIBIT P1 R C BOOK OF THE PETITIONERS VEHICLE KL

61 C 9920 DATED 10.04.2018 ISSUED FROM THE KUNNATHUR SRTO EXHIBIT P2 COPY OF CONSENT LETTER MADE FORCIBLY BY THE RESPONDENT FINANCE COMPANCY FROM THE PETITIONER DATED 30.12.2021 RESPONDENT’S EXHIBITS NIL