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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Noorul Islam Trust – Appellant
Versus
State Bank Of India, Represented By Its Assistant General Manager – Respondent
| Table of Content |
|---|
| 1. writ appeal regarding compromise settlement policy. (Para 1 , 2 , 3) |
| 2. legal arguments regarding the necessity of policy publication. (Para 6 , 7) |
| 3. final decision on the writ appeal. (Para 8 , 9 , 9) |
| 4. court's findings on publication requirements. (Para 10 , 11) |
| 5. court's reasoning on jurisdictional limits. (Para 12) |
JUDGMENT :
Muralee Krishna, J.
The petitioner in W.P.(C)No.27856 of 2024 has filed this writ appeal under Section 5(i) of Kerala High Court Act, 1958, challenging the judgment dated 10.03.2025, passed by the learned Single Judge dismissing the writ petition filed by him under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Reserve Bank of India to issue appropriate directions to the 1st respondent State Bank of India and the 2nd respondent Authorized Officer, compelling them to formulate a board approved policy as envisaged in Ext.P14 Circular dated 08.06.2023 issued by the 3rd respondent Reserve Bank of India and publish the same in the public domain forthwith. The appellant had also sought for a writ of certiorari to quash Ext.P8 letter dated 19.03.2022 issued by the 1st respondent bank to the extent
The court ruled that internal bank policies for compromise settlements need not be published, affirming the learned Single Judge's dismissal of the writ petition.
The court held that while banks should disclose general terms of One Time Settlement policies, detailed internal policies are not subject to disclosure under the Right to Information Act, safeguardin....
Internal banking policies regarding loan settlements are exempt from disclosure under the Right to Information Act, while general schemes must be publicized for public interest.
The High Court must not entertain writ petitions regarding SARFAESI actions without the petitioner first pursuing statutory remedies before the Debts Recovery Tribunal as mandated under the SARFAESI ....
The High Court should not interfere with SARFAESI Act proceedings when effective statutory remedies are available, emphasizing the importance of adhering to legislative intent.
A writ petition is maintainable against a scheduled bank under Article 226 of the Constitution of India, as the bank is performing public functions and is governed by the provisions of the Banking Re....
A bank cannot refuse to release the margin money lying in the petitioner's account towards the bank guarantee without providing any justification.
The SARFAESI Act provides an efficacious and expeditious remedy to borrowers under Section 17, allowing them to challenge the actions of the secured creditor. The absence of a judicial remedy under C....
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