N.A. Paramaguru Raja Nellaiappan vs Union Of India on 22 August, 2023

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Supreme Court - Daily Orders

N.A. Paramaguru Raja Nellaiappan vs Union Of India on 22 August, 2023

Bench: B.V. Nagarathna

     ITEM NO.7                             COURT NO.12                         SECTION XII

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                  No(s).   17467/2023

     (Arising out of impugned final judgment and order dated 06-04-2023
     in WPSR No. 135864/2022 passed by the High Court of Judicature at
     Madras)

     N.A. PARAMAGURU RAJA NELLAIAPPAN & ORS.                            Petitioner(s)

                                                   VERSUS

     UNION OF INDIA & ORS.                                              Respondent(s)

     (FOR ADMISSION)

     Date : 22-08-2023 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                            HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Petitioner(s)                Mr. Bharat Bhushan Sethi, Adv.
                                      Ms. Chetna Bisht, Adv.
                                      Mr. Rishabh Jain, Adv.
                                      Mr. Rajiv Shankar Dvivedi, AOR
                                      Mr. S K Sarkar, Adv.

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

The petitioners being aggrieved by the dismissal of the Writ Petition has approached this Court in this Special Leave Petition.

We have heard learned counsel for the petitioners and perused the material on record and particularly the impugned order. The High Court has in Paragraph ‘2’ of the impugned order extracted the prayers sought for by the petitioners in the Writ Petition which Signature Not Verified read as under:

Digitally signed by

RADHA SHARMA Date: 2023.08.23 10:09:17 IST Reason: 1

“2. The petitioners have filed the writ petition against the respondents seeking the following reliefs:

(1) Issue a writ of mandamus and/or any appropriate writ, order and directing restraining the respondent Nos.5-6 from demanding/recovering the payments of installments of pre-EMI’s/EMI’s penalty charges, overdue interest charges, cheque bouncing charges or any other due(s) from the petitioners against the funds disbursed to respondent No.7.

(2) Issue a writ of declaration and/or any appropriate writ, order declaring that the disbursement of funds by the respondent Nos.5-6 to the respondent No.7 one without sanction of law, and in flagrant violation of the stipulations laid down in the circulars issued by the respondents 2 and 3 from periodically.

(3) Issue a writ of declaration and/or any appropriate writ, order and/or appropriate direction declaring that the petitioners shall not be held liable for payment of any amounts/cheque in respect of the loan amount disbursed by respondent Nos.5-6 to the respondent No.7.

(4) Issue a writ of mandamus and/or or any appropriate writ, order and/or appropriate direction directing the respondent No.7 to refund the amounts that have been disbursed by respondent No.5-6 under the Tripartite Agreement and the Loan Agreement and pay the interest on EMIs, Pre-EMIs, bank charges, overdue interest charges, penalties and other charges that are due on such loans to the respondent Nos.5 to 6.

(5) Issue a writ of mandamus and/or any appropriate writ, order and/or appropriate direction directing the respondent No.4 to revise the CIBIL score of the petitioners by excluding the transactions relating to disbursements made by the respondents 5-6 in accordance with the Loan Agreement and the Tripartite Agreement and default thereof committed by the respondent No.7 and (6) Any other appropriate writ, order or directions that this Hon’ble Court may deem just and proper.” On examining the said prayers, we are of the view that the said prayers cannot be granted to the petitioners in a Writ Petition filed under Article 226 of the Constitution of India.

Therefore, the High Court was right in dismissing the Writ Petition.

We find no error in the impugned order.

Hence, the special leave petition is dismissed. Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA)                                                        (MALEKAR NAGARAJ)
COURT MASTER (SH)                                                      COURT MASTER (NSH)




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