ZIAUDDIN SHEIKH v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
WPMS/3341/2025 · 2025-12-15
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16961 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16961 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11159 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 3 3 4 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Ms. Yusra Khan, Advocate holding brief of Mr. Ahmad Khan, learned counsel for the petitioner.
2. According to petitioner, respondent nos. 1 & 2 have added petitioner’s name in the loan agreement as guarantor, even though, he has not put his signature in the loan agreement.
3. By means of this writ petition, petitioner has sought the following relief: -
(i) Issue a Writ of Mandamus or any other appropriate writ,
order, or direction directing Respondent Nos. 1 and 2 to immediately remove the Petitioner’s name from the guarantor position in Loan Account no. HE01DDN00000014443.
(ii) Issue a Writ of Mandamus directing Respondent Nos. 1 and 2 to rectify all credit bureau reports including CIBIL and ensure complete removal of any adverse entries pertaining to the said loan account from the Petitioner’s credit profile.
(iii) Issue a Writ of Prohibition restraining Respondent Nos. 1 and 2 from taking any coercive action against the Petitioner in connection with the said loan account:
(iv) Pass appropriate directions to Respondent No. 3, to ensure strict compliance with applicable consumer protection guidelines, fair practice codes, and statutory safeguards by all financial institutions operating within the jurisdiction, including Respondent Nos. 1 and 2, so as to secure and uphold the rights interests of financial
2025:UHC:11159 service consumers, including the Petitioner.
4. This Court cannot go into the issues raised by petitioner, as it is for the Law Enforcement Agency to investigate, as to whether the allegation made in the writ petition is correct or not. The public law remedy cannot be invoked for seeking such relief.
5. The writ petition is, accordingly,
disposed of with liberty to petitioner to seek his remedy before the appropriate forum.
( Man oj Ku m ar Tiw ar i, J)
15.12.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802 a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C2 2DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.15 02:42:48 -08'00'