MOHD. SHAHAB KHAN v. KOTAK MAHINDRA PRIME LTD., GOMTI NAGAR LUCKNOW
/11009/2025 · 2025-11-27
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175396 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175396 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11009 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel appearing on behalf of the parties.
2. The present writ petition has been filed by the petitioner with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus thereby directing the Opp. Party to release the Vehicle i.e. Maruti Vitara Brezza No. U.P. 32 KB 3943 to the petitioner, after accepting the due All Balance Dishonour E.M.I. in one time..."
3. An alternative remedy is available to the petitioner in light of filing of a suit and/or filing of Section 9 of the Arbitration and Conciliation Act, 1996.
4. In light of the same, we desist from interfering in the impugned acts of the private respondent and direct the petitioner to seek the alternate remedy as explained above.
5. With the above direction, the writ petition is disposed of. November 27, 2025 Satish Versus Counsel for Petitioner(s) : Farooq Ayoob, Mansi Gupta Counsel for Respondent(s) :
(Manjive Shukla,J.) (Shekhar B. Saraf,J.) Mohd. Shahab Khan .....Petitioner(s) Kotak Mahindra Prime Ltd., Gomti Nagar Lucknow .....Respondent(s) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench