HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9591 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Akash Deep Singh, the learned counsel for the petitioner and Shri Ashutosh Srivastava, the learned Standing Counsel for the State of U.P. 2. By means of the instant petition, the petitioner has prayed for issuance of writ of mandamus directing the respondent to settle/waive the outstanding car loan amount of the deceased borrower late Raj Bahadur- in accordance with law and natural rights in case of borrower's death. 3. It has been stated in the writ petition that the petitioner's husband late Shri Raj Bahadur had taken a Car loan from M/S Mahindra and Mahindra Finance Services Limited, Ayodhya Branch, Ayodhya amounting to Rs.8,29,573/-. The borrower died on 06.04.2025. The petitioner has requested the respondent No.3 for settlement/closure of the loan amount but the respondent No.3 is harassing the petitioner and issuing coercive recovery notices to her. However, no such notice has been annexed with the petition. 4. Learned Standing Counsel has raised a preliminary objection against the maintainability of the writ petition that the loan in question had been taken from the respondent No.3-M/S Mahindra and Mahindra Finance Services Limited, which is a private body and which is not amenable to the writ jurisdiction, more particularly, when the transaction between the petitioner and the respondent No.3 was also private in nature and no public duty was involved in the matter. 5. Even from the pleadings, although the same are not substantiated by annexing any document, the respondent No.3 has merely issued notices to the petitioner demanding repayment of the loan amount. 6. The learned counsel for the petitioner has placed reliance upon the judgment of the Hon'ble Patna High court in case of Dhananjay Seth v. Versus Counsel for Petitioner(s) : Akash Deep Singh, Taranpreet Kaur Counsel for Respondent(s) : C.S.C. Nirmala Devi Alias Nirmala .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Respondent(s) Union of India (2023) SCC OnLine Patna 1393 wherein the Patna High Court referred to a decision of the Hon'ble Supreme Court in Magma Fincorp Ltd. v. Rajesh Kumar Tiwari; (2020) 10 SCC 399 wherein the Hon'ble Supreme Court has observed that the financier is the real owner of the vehicle which is the subject of the higher purchase agreement, in view of the law enunciated by the Hon'ble Supreme Court in Charanjeet Singh Chadha v. Sudhir Mehra ; (2001) 7 SCC 417, K.L. Johar & Co. v. CTO, AIR 1965 SC 1082 and Anup Sarmah v. Bhola Nath Sharma, (2013) 1 SCC 400, there can be no impediment to the financier taking possession of the vehicle when the hirer does not make payment of installments/ higher charges in terms of the higher purchase agreement. Therefore, even as per the law laid down by the Hon'ble Supreme Court, the respondent No.3 has legal right to take possession of the vehicle, in case it has been purchased under a higher purchase agreement. However, the Hon'ble Supreme Court has cautioned that such repossession cannot be taken recourse to the physical violence, assault/ criminal intimidation nor can such possession be taken by engaging gangsters, goons and muscle men as so called recovery agents. 7. From the aforesaid observations, it is clear that the lender- the respondent No.3 has right to take possession of the vehicle as the vehicle loan is not being repaid. There is no material annexed with the petition to establish that the respondent No.3 has taken recourse to physical violence, assault/ criminal intimidation and that the respondent No.3 has engaged gangster, goons or muscle men as their recovery agents. 8. In these circumstances, the aforesaid observations made by the Hon'ble Supreme Court in the case of Magma Fincorp Ltd. (supra) do not benefit the petitioner in the present writ petition. 9. The writ petition lacks merits and the same is hereby dismissed. October 8, 2025 -Amit K- WRIC No. 9591 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench