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2022 0 Supreme(Cal) 241 : The court held that the High Court has jurisdiction to entertain a writ petition against a bank even if the bank''''s office is outside its territorial jurisdiction, provided that part of the cause of action arose within the jurisdiction. Specifically, the court ruled that since the demand draft was despatched to the petitioner at his residential address within the territorial jurisdiction of the Calcutta High Court, and thus part of the cause of action arose there, the court had jurisdiction under Article 226 of the Constitution. This establishes that for writ petitions against banks or insurance companies with multiple offices, jurisdiction can be governed by the residence of the petitioner when the cause of action arises in part within the court’s territory.Checking relevance for Reserve Bank of India VS Lalbhai Finance Ltd. ...

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2006 3 Supreme 647 : The legal documents establish that when a writ is preferred against a bank or insurance company with multiple offices, the jurisdiction can be governed by the residence of the petitioner. This principle is supported by the fact that civil courts retain jurisdiction over independent suits filed by borrowers or other persons against banks for any relief, including damages for non-disbursement of loans, even when the bank has initiated a recovery application before a Debt Recovery Tribunal. The documents explicitly state that such independent suits cannot be transferred to the Tribunal against the petitioner''''s wishes, and that the High Court where the suit was filed continues to have jurisdiction. This confirms that the petitioner''''s residence can determine jurisdiction, particularly when the claim is independent and not a counter-claim within the bank’s recovery application.Checking relevance for Navinchandra N. Majithia VS State Of Maharashtra...

2000 6 Supreme 114 : The jurisdiction for a writ petition against a bank or insurance company with multiple offices is not determined by the residence of the petitioner. Instead, the jurisdiction is governed by where the cause of action, wholly or in part, arises. The place of residence of the petitioner is not the criterion for determining jurisdiction. The High Court before which the writ petition is filed must ascertain whether any part of the cause of action has arisen within its territorial jurisdiction, based on the facts of the case. In cases where a major portion of the facts leading to the cause of action occurred in a particular location (e.g., Mumbai), the High Court of that location has jurisdiction, even if the FIR or complaint was registered elsewhere (e.g., Shillong).Checking relevance for DAYA SHANKER VS CHIEF OF THE AIR STAFF, NEW DELHI...

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AI Overview...

Jurisdiction for issuing a writ against a bank or insurance company with multiple offices can be based on the residence or place of business of the petitioner. The place where the cause of action arises or where the company's branch or office is located is relevant for determining jurisdiction. For example, it is held that a claim petition may be filed at a place where the insurance company has its business or branch office, even if the accident or the claimant’s permanent residence is elsewhere ["2025 Supreme(Online)(UK) 972088"]. Similarly, the residence and domicile of a trading corporation is its principal place of business, which may not be the place where its manufacturing or other business operations are carried on ["
SANJEEV KUMAR VS UNITED INDIA INSURANCE CO. LTD. - Consumer
"].
Courts have recognized that a company or bank with multiple offices can be sued in the jurisdiction where its principal office is situated or where it conducts its administrative business. As per the judgment, a company may have subordinate or branch offices in many jurisdictions and it may be sued in any of such jurisdictions in respect of a cause of action arising there ["2025 Supreme(Online)(UK) 972088"]. The principal office is generally considered the place where the company's business is managed ["
SANJEEV KUMAR VS UNITED INDIA INSURANCE CO. LTD. - Consumer
"].
In cases involving insurance companies, the jurisdiction is often determined by the location of the company's branch or the place where the cause of action arises, such as the location of the insured property or the claimant's residence at the time of the claim. For instance, the place of registered office of the respondent insurance company does not necessarily confer jurisdiction; instead, a claim petition can be filed where the branch office is situated or where the cause of action arises ["2025 Supreme(Online)(UK) 972088"].
When multiple offices exist, the courts have held that jurisdiction can depend on the place where the cause of action arises, which may be the location of the insured property, the bank account, or the claimant’s residence, rather than solely the company's registered office ["2022 0 Supreme(Del) 1825"], ["SMT. ARAKTI SINHA vs CIGNA TTK HEALTH INSURANCE COMPANY LTD & OTHERS - Consumer State"]. This is supported by the principle that residence for jurisdictional purposes can include temporary residence or places where the cause of action occurs ["SMT. ARAKTI SINHA vs CIGNA TTK HEALTH INSURANCE COMPANY LTD & OTHERS - Consumer State"].

Analysis and Conclusion:The prevailing view in the provided sources indicates that for a writ or legal action against a bank or insurance company with multiple offices, jurisdiction can be governed by the residence of the petitioner, the place where the cause of action arises, or the location of the company's principal or branch office. Courts recognize that the company’s principal place of business or the location where the administrative or managerial functions are conducted is a key factor, but jurisdiction can also be established at the location of the insured property, bank account, or branch involved in the dispute. Therefore, the residence of the petitioner is a valid basis for jurisdiction, especially when the cause of action or the relevant office is situated there ["2025 Supreme(Online)(UK) 972088"] ["

SANJEEV KUMAR VS UNITED INDIA INSURANCE CO. LTD. - Consumer

"] ["2022 0 Supreme(Del) 1825"].

Territorial Jurisdiction in Writ Petitions Against Banks and Insurance Companies Under Article 226

Writ Jurisdiction Against Banks and Insurance Companies: Does Petitioner's Residence Matter?

Filing a writ petition under Article 226 of the Constitution against a bank or insurance company with branches across multiple locations raises a critical question: If a writ is preferred against a bank or an insurance company which has multiple offices, the jurisdiction can be governed as per the residence of the petitioner. Many litigants assume their home turf gives them an edge, but courts have consistently ruled otherwise. This post breaks down the legal principles, key judgments, and practical insights to help you navigate territorial jurisdiction effectively.

Note: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific case.

Understanding Writ Jurisdiction Under Article 226

High Courts in India exercise extraordinary powers under Article 226 to issue writs against public authorities, including banks and insurance companies performing public functions. However, territorial jurisdiction is not unlimited. The Supreme Court and High Courts emphasize that jurisdiction hinges on the cause of action—the bundle of facts giving rise to the grievance—rather than convenience or petitioner's residence.

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#WritJurisdiction, #BankingLaw, #InsuranceJurisdiction