2025 INSC 117
REPORTABLE IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION(C) NOS.2625-2627 OF 2025 (Arising out of Diary No(s). 1061/2025)
S SHOBHA Petitioner(s)
VERSUS
MUTHOOT FINANCE LTD. Respondent(s)
O R D E R
1. Delay condoned.
2. The High Court in its impugned order has observed in para 5 as
under:-
“5. While the Court examined the appeals and considered the controversy raised in the petitions, a conspicuous aspect surfaced that the petitions were filed against the Company named Muthoot Finance Limited. Admittedly, the respondent – Company is a Company registered under the Companies Act, 1956. It does not answer the definition of “State” within meaning of Article 12 of the Constitution. Nor the transaction of loan by pledging gold between the petitioner and the respondent could be said to be involving any public function or could be said to be in the public realm. Also the Company is not discharging any function which has the trapping of sovereign function. Respondent – Company is a Private Company registered under the law. It is not a “State”.
5.1 Once the above position is clear, the writ petitions would not lie against the respondent – Company. Learned Single Judge could not have, therefore, entertained the
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petitions on tha...