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RAJASEKHAR MANTHA
Shyama Agarwal – Appellant
Versus
ICICI Bank Limited – Respondent
JUDGMENT :
RAJASEKHAR MANTHA, J.
1. The Court: Two writ petitions have been filed seeking remedies against the ICICI bank. The petitioners allege that they did not borrow any sums of money from the bank. A housing loan was applied for and sanctioned. The loan, however, was not availed by the petitioners. Notwithstanding this, the ICICI bank has wrongfully and illegally, according to the petitioner, encashed and appropriated four postdated cheques towards alleged installments from the petitioners. The actions of the bank are stated to be in violation of the contract between the parties, apart from being utterly dishonest. The petitioners seek refund of the four instalments wrongfully appropriated by the ICICI bank.
2. Counsel for the respondent bank raises objection to the maintainability of the writ petitions and submits that a writ under Article 226 of the Constitution of India cannot be issued against the ICICI bank. The bank is not State or other authority within the meaning of Article 12 of the Constitution. It is argued that no financial assistance has been provided by the State to the bank. The ICICI bank does not enjoy any monopoly status in the banking industry and does not ha
The main legal point established in the judgment is the determination of the maintainability of a writ petition under Article 226 of the Constitution of India based on the status of the respondent as....
The court established that no writ could be issued under Article 226 of the Constitution to compel the bank to remedy a breach of contract in a non-statutory contract, unless there was a public inter....
A private company collecting deposits from the public does not fall under 'Other Authorities' for writ jurisdiction without demonstrating public duty, rendering the petition non-maintainable.
Point of law: The term 'State' but clarified that when a private body exercises public function even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also u....
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