- (1.) THE reliefs sought for against Tata Motors Finance Limited, Kolkata, a Public Limited Company incorporated under the Companies Act are, " a) Issue a writ in the nature of Mandamus directing the concerned respondents to forthwith release the vehicle LMV CAR of the petitioner being Registration No.WB -54H9555. b) Issue a writ in the nature of Mandamus directing the concerned respondents to consider his case and release the LMV CAR of the petitioner and fix a period of time to disburse his rest installments."
(2.) EVEN without entering into the merits of the case, undoubtedly, this writ application is not maintainable because of the simple reason that the reliefs sought for, are directed against a Public Limited Company incorporated under the Companies Act.
(3.) THE learned Counsel for the petitioner vehemently contended having regards to the facts that the opposite party no. 2, a Non -Banking Financial Company, is obliged to act under the guidelines framed by the Reserve Bank of India, is amenable to the writ jurisdiction of this court. If it is the case of the writ petitioner, that the guidelines framed by the Reserve Bank of India has been violated by the respondent company, a Non -Banking Financial Company, then in that case, the writ petitioner has to approach the Reserve Bank of India, the regulating authority at first instance and in case the relief sought for is not meted out or not responded or not considered in accordance with law by the regulating authority, he may invoke the writ jurisdiction of this court to ventilate his grievances, in absence of adequate alternative and equally efficacious remedy and not otherwise. No writ lies against a company incorporated under the Companies Act even there is allegation of disobedience of any regulation. It may be noted in this writ application neither there is any allegation against the Reserve Bank of India nor any relief has been sought for against it.;