Court No. - 32
Case :- WRIT - C No. - 7660 of 2018 Petitioner :- Surendra Kumar Chaurasiya And 20 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Indresh Kumar Counsel for Respondent :- A.S.G.I.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Ajay Bhanot,J.
Heard learned counsel for the parties.
By means of the present writ petition petitioners have prayed for following relief:-
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure the repayment of the amount to the petitioners/depositors immediately, so that justice may be done."
Learned counsel for the petitioners submitted that respondents 4 and 5 are the Managing Director and Regional Manager of Vishwamitra India Pariwar Company which is registered under the Companies Act. Petitioners were agent to collect the money of the depositors to invest the company. Petitioner entered into an agreement with the company. However an objection was raised on behalf of learned Standing Counsel that respondents against whom relief is sought is a private company which is not the State or State instrumentality within the ambit of Article 12 of the Constitution of India and as such the petition under Article 226 of the Constitution of India is not maintainable.
Since the petition is against a private firm, petitioner if so advised may seek appropriate remedy in accordance with law.
Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 26.2.2018 Pravin