Allahabad High Court
Pawan Kumar vs Union Of India And Another on 12 February, 2020
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 4755 of 2020 Petitioner :- Pawan Kumar Respondent :- Union Of India And Another Counsel for Petitioner :- Vinod Kumar Singh,Indra Sen Singh Counsel for Respondent :- A.S.G.I.,Om Prakash Yadav Hon'ble Vivek Varma,J.
Heard Sri Indra Sen Singh, learned counsel for the petitioner and Sri Pranjal Mehrotra, learned counsel for the respondent no.2.
This writ petition, inter alia, has been filed for the following relief;
"(a) Issue a writ order or direction in the nature of mandamus commanding the respondent to return back the petitioner's tractor registration no. UP 73S -0319.
(b) Issue a writ of mandamus to respondent no.1 for stopping the illegal activity of the respondent no.2 in respect of recovery of the loan from defaulting borrower particularly the farmers."
It is an admitted case of the petitioner that he had taken a loan from the respondent no.2 Mahindra and Mahindra Financial Service Ltd., which is a private finance company and is not the State within the meaning of Article 12 of the Constitution of India. The dispute evidently is between two private parties namely the petitioner, who is the borrower and the respondent no.2, who is the financier. The writ petition is not maintainable to enforce a contract between two private entities nor can any direction be issued in exercise of writ jurisdiction against the respondent no.2 in the facts of the present case.
Accordingly, the present writ petition is dismissed. However, it is open to the petitioner to take recourse to the remedies which are available to him under the law.
Order Date :- 12.2.2020 Lbm/-