S.MANIKUMAR, V.BHAVANI SUBBAROYAN
Venkatapathy Reddiar – Appellant
Versus
Authorised Officer, Axis Bank of India – Respondent
S. MANIKUMAR, J.
1. Borrower, who could not repay and stated to have been affected due to ‘Thane’ cyclone, has sought for a writ of mandamus, forbearing respondents from publishing the loan Nos.910030023562861, 798010600004992, 912060042286888 and 798010600004985 through newspapers, news media, posters, boards under SARFAESI Act.
2. The issue as to whether Banks are empowered to publish the photographs of the borrowers/guarantors, who have defaulted in making payments, in dailies and electronic media, is no longer res integra.
3. After considering a catena of judgments relating to right to privacy, constitutional provisions, Universal Declaration of Human rights, dealing with privacy, the bankers obligation to maintain secrecy qua its customer, decided in Shankarlal Agarwalla Vs. State bank of India (AIR 1987 Calcutta 29) and other decisions, in K.J.Doraisamy Vs. The Assistant General Manager, State Bank of India, Erode branch and another {2006 (5) CTC - 829}, a learned Single Judge of this Court, at paragraph Nos.25 to 32, held as follows:-
“25. Once it is seen that the right to privacy is not an absolute or inviolable right, then the next question that falls for consideration
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