IMPORTANT POINTS
The right to privacy is not lost as a result of confidential information being parted with by the customer to the custody of the bank. Parting with information to the bank does not destroy its privacy. Moreover, the bank is under obligation to maintain secrecy of such information unless disclosure of it is required by law. The relationship between a bank and the customer is fiduciary in nature.

JUDGMENT :

R.NARAYANA PISHARADI, J.

1. The appellants are the petitioners in the writ petitions, W.P. (C) No.12202 of 2018 and W.P.(C) No.13363 of 2018. They assail the judgment of the learned Single Judge in the above writ petitions.

2. The appellants are persons who conduct petroleum retail outlets on the basis of the dealership agreements executed by them with the oil marketing companies by name Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited and Hindustan Petroleum Corporation Limited, who are the second, fourth and the sixth respondents in the writ petitions.

The appellants alleged that, as per Ext.P2 circular, the oil marketing companies mentioned above demanded them to furnish the sales tax returns, bank account statements and income tax returns pertaining to their dealership. They alleged that the oil marketing companies threatened that, on failure to furnish the above information, the supply of petroleum products to them would be discontinued. The appellants contended that they are not bound to furnish the above information to the oil marketing companies and that compelling them to furnish the above information infringes their right to privacy which is a fundamental right.

3. Bharat Petroleum Corporation Limited (the second respondent) filed counter affidavit in the writ petitions contending that a policy decision was taken by the company to require the dealers to furnish information including income tax returns, sales tax returns and bank account details with a view to ensure that the outlets are not operated on benami basis. The company also contended that the dealers are bound to adhere to all the directions issued by it and that the company has got the right to demand the income tax returns, sales tax returns and bank account statements from the dealers. It was also contended that the demand made for furnishing the information did not infringe any right to privacy as alleged by the writ petitioners.

4. Indian Oil Corporation Limited (the fourth respondent) filed counter affidavit in the writ petitions contending that it has not issued any circular as Ext.P2 and that it has not demanded sales tax returns, income tax returns and bank account statements from the dealers. At the same time, the company contended that, certain other information was sought from the dealers with a view to curb the operation of the retail outlets on benami basis. The company also contended that, as per the dealership agreement executed by the dealers, the company has got a right to demand the income tax returns, sales tax returns and bank account statements from the dealers, though no such demand has been made now.

5. The learned Single Judge found that, the contention that the requirement mentioned in Ext.P2 circular would violate the personal rights of the writ petitioners, is without any substance and hence the reliefs sought in the writ petitions cannot be granted. The learned Single Judge found that the writ petitioners have voluntarily availed dealership from the oil companies and therefore they are liable to provide the details as sought for by the companies in terms of the agreement. The learned Single Judge further found that, the details sought by the companies are with respect to the dealership and not with regard to any personal matters of the writ petitioners. However, the learned Single Judge disposed of the writ petitions by issuing the following directions:

"However, in case the petitioners have any specific complaint with regard to the nature of the documents sought for by them and in case they can point out any instance where the documents sought for have no connection with the dealership in question or the agreement executed by them, those individual dealers who are aggrieved by specific demands can approach the respondents filing a representation pointing out their difficulty in producing any personal data sought for and seeking consideration of any alternate arrangements. In case a representation of that n