M/S FAIR DEAL CHEMIST AND ORS v. TATA CAPITAL FINANCIAL SERIVCES LTD
WPMS/1497/2025 · 2025-05-22
Ravindra Maithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6897 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6897 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D- 25
WPMS No. 1497 of 2025 Hon’ble Ravindra Maithani, J.
Ms. Prabha Naithani, Advocate for the petitioners. Heard and perused file. The petitioners had taken a loan from the respondents, which they could not repay. Now, the petitioners seek intervention of this Court to direct the respondents to settle the loan amount within a period of nine months, with related reliefs. The Court posed a question to the
learned counsel for the petitioners as to whether the respondents can be terms as
“State” within Article 12 of the Constitution of India? Is the writ petition is maintainable? How the writ petition is maintainable in such commercial transactions, which are private in nature?
Learned counsel for the petitioners would submit that the Court can mediate in between these transactions. The petitioners have a personal loan transaction with the respondents. The
petitioners want a settlement with the respondents. That can be done by the petitioners while approaching the respondents and if there is any dispute with regard to that, the petitioners are always free to seek such civil remedy, as is permissible under law. In such matters, this Court may not make any intervention. Accordingly, the writ petition deserves to be dismissed at the stage of admission itself. The writ petition is dismissed in limine.
(Ravindra Maithani J.)
22.05.2025 Avneet/