VIVEK MISHRA v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 4 OTHERS
WRIC/5181/2025 · 2025-06-04
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142503 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142503 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34434-DB Court No. - 2 Case :- WRIT - C No. - 5181 of 2025 Petitioner :- Vivek Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 4 Others Counsel for Petitioner :- Aditya Vikram Singh,Abhishek Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J.
1. Heard. 2. The petitioner seeks the following reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 09/12/2024 as issued by Shri M.S. Rohilla (A.D.J. Retd.), Learned Sole Arbitrator /Opposite Party No.- 3. II. Issue a writ, order or direction in the nature of mandamus directing the Opposite Party No.-1 & 2 to not to allow the sale and transfer of the truck limited to the extent and scope of the facts and circumstances of this instant petition. III. Issue a writ, order or direction in the nature of mandamus directing the bank / Opposite Party No.- 4 to release the truck bearing registration No.- UP 32 VN 5135 in favour of the petitioner IV. Issue writ, order or direction in the nature of mandamus directing the bank / Opposite Party No.- 4 to receive the outstanding amount against loan account no.- CE-1370071 in Kotak Mahindra Bank, Shanajaf Road branch, Lucknow for loan of truck bearing registration No.- UP 32 VN 5135 of the petitioner in easy instalment as fixed by this Hon'ble Court. V. Issue any other and further writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case. VI. Award the cost of the petition in favour of the petitioner "
3. The basis for the writ petition is seizure or re-possession of the vehicle financed by opposite party no.4. We fail to understand as to how the arbitration notice dated 09.12.2024 could be challenged in a writ proceedings especially when the dispute is with a private Bank i.e. opposite party no.4. As regards relief no.II, it is based on an apprehension that opposite party no.4 will get the vehicle registered in its name. The petitioner can always approach the registering authority i.e.
A.R.T.O. raising his objections, if any, or seek such other remedies as may be available. As regards relief no. III, the petitioner may initiate action by way of a complaint before the competent court under criminal law.
As regards relief no.IV it is with respect to a private Bank which cannot be seen under Article 226 of the Constitution of India. 4. Accordingly, the writ petition is disposed of. (Praveen Kumar Giri,J.) (Rajan Roy,J.) Order Date :- 4.6.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench