IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16370 of 2010(U)
1. ALICE JOSEPH ALANOLY,AGED 49,
... Petitioner
Vs
1. H.D.F.C.LTD,H.D.F.C.HOUSE,RAVIPURAM
... Respondent
For Petitioner :SRI.ALOSIOUS GILBERT
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/05/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 16370 of 2010
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Dated this the 28th day of May, 2010
J U D G M E N T
The petitioner availed of a loan from the respondent, viz., HDFC
Ltd. The petitioner filed this writ petition seeking the following relief:
“To issue a writ of mandamus or any other appropriate writ order
or direction, directing the respondent to allow the petitioner to settle her
loan account No.3109729043 with effect from 1.8.2008 by adjusting the
excess interest remitted since 1.9.2008 to the principle amount.”
It is trite law that a writ petition would lie against a private party
or institution only in respect of the violation of a statutory provision or
refusal to discharge a public duty. The petitioner has no case that the
State has any participation in the respondent. The matter relates to a
loan transaction which is a contract between the parties. The
petitioner’s grievance in this writ petition is that she is eligible for
reduction in interest rate and facility for one time settlement for
repayment of the loan. The petitioner does not allege violation of any
statutory prescription or public duty. As such, this writ petition would
not lie against the respondent for the relief prayed for. Accordingly,
this writ petition is dismissed as not maintainable.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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