M.Devaki v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.2590 of 2015 & M.P.No.1 of 2015 M.Devaki ... Petitioner vs.
1. The Union of India Rep. By its Secretary to Government Ministry of Finance Jeevan Deep Building Parliament Street New Delhi -1
2. Reserve Bank of India Rep. By its Assistant General Manager Main Building Post Box No.901 Sahid Bhagatsingh Road Mumbai - 400 001
3. Reserve Bank of India Rep. By its General Manager No.16, Rajaji Salai Chennai
4. M/s. Shriram Transport Finance Co. Ltd., Rep. By its Managing Director Having its Administrative Office No.101-105 Shiv Chambers Section - 11 C.B.D. Belapur Navi Mumbai - 400 614
5. M/s. Shriram Transport Finance Co. Ltd., Rep. By its Senior Executive Manager having its Administrative Office Mookambika Complex 3rd Floor No.4, Lady Desika Road Mylapore Chennai - 600 004
6. M/s. Shriram Transport Finance Co. Ltd., Rep. By its Senior Executive Manager No.26/1. KMS Complex 1st Floor, Old RTO Office Vandigate, Chidambaram town Cuddalore District
7. M/s. Shriram Transport Finance Co. Ltd., Rep. By its Branch Credit Manager No.87, Pidari South Street G.H.Road, Sirkali Town Nagapattinam District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to regulate the rate of interest being charged by the respondents 4 to 7 herein and consequently forbear the respondents 4 to 7 herein from taking possession or seizing the petitioner's Multi Axle Goods Vehicle bearing Registration No.TN 51 R 3443 till the consideration of fixing of interest by the respondents 1 to 3 herein.
For Petitioner :Mr.A.Saravanan For Respondents :Mr.B.Manoharan Central Govt. Standing Counsel for R1
ORDER
Heard A.Saravanan, learned counsel for the petitioner and Mr.B.Manoharan, learned Central Government Standing Counsel appearing for the first respondent.
2. The petitioner seeks for a writ of mandamus to direct the respondents 1 to 3 to regulate the rate of interest charged by the respondents 4 to 7 and forbear them from seizing the petitioner's Multi Axle Goods Vehicle bearing Registration No.TN 51 R 3443.
3. It is the admitted case of the petitioner that she has availed financial assistance from respondents 4 and 5. Now the complaint before this Court is that respondents 4 and 5 are charging exorbitant interest.
4. The learned counsel for the petitioner relies upon a decision of the Hon'ble First bench of this Court in a Public Interest Litigation in the case of A.R.Jeyahuthran Vs. Union of India reported in 2014 (2) CWC 899 wherein certain directions have been issued. It is seen that after the demand notice was issued to the petitioner on 02.06.2014 by the counsel for the respondents 4 and 5, the petitioner
has neither raised any objection nor submitted any representation and straightaway approached this Court.
5. Hence, the writ petition is disposed of giving liberty to the petitioner to submit her objections to the demand raised by respondents 4 and 5. On receipt of such representation, Respondents 4 and 5 shall consider the same on merits and in accordance with law. The guidelines issued by the Reserve Bank of India should also be taken note of, if applicable to the transaction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gpa To
1. The Secretary to Government Ministry of Finance Jeevan Deep Building Parliament Street New Delhi -1
2. The Assistant General Manager Reserve Bank of India Main Building Post Box No.901 Sahid Bhagatsingh Road Mumbai - 400 001
3. The General Manager Reserve Bank of India No.16, Rajaji Salai Chennai
4. The Managing Director M/s. Shriram Transport Finance Co. Ltd., Having its Administrative Office No.101-105 Shiv Chambers Section - 11 C.B.D. Belapur Navi Mumbai - 400 614
5. The Senior Executive Manager M/s. Shriram Transport Finance Co. Ltd., having its Administrative Office Mookambika Complex 3rd Floor No.4, Lady Desika Road Mylapore Chennai - 600 004
6. The Senior Executive Manager M/s. Shriram Transport Finance Co. Ltd., No.26/1. KMS Complex 1st Floor, Old RTO Office Vandigate, Chidambaram town Cuddalore District
7. The Branch Credit Manager M/s. Shriram Transport Finance Co. Ltd., No.87, Pidari South Street G.H.Road, Sirkali Town Nagapattinam District + 1 cc to Mr.B. Manoharan, Advocate Sr.5768 + 3 ccs to M/s. A. Saravanan, Advocate Sr.5707 W.P.No.2590 of 2015 & M.P.No.1 of 2015 SAI(CO) Eu 17.02.15.2015