Rupen Kumar Dilip Shethia vs Hdfc Bank Limited & Anr
2023 Latest Caselaw 4272 Cal

  21
17.07.2023
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              IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION
                      APPELLATE SIDE

                       W.P.A. No. 16092 of 2023

                  Rupen Kumar Dilip Shethia
                            Vs.
                  HDFC Bank Limited & Anr.

             Mr. Joydeep Kar,
             Mr. Sourav Kumar Mukherjee,
             Ms. Anjana Banerjee,
             Ms. Sahana Pal
                              ...for the petitioner


                   The learned Senior Counsel appearing for the

              petitioner, at the outset, deals with the issue of

              maintainability, since the respondent no. 1/bank is

a private bank, to the effect that the present

grievance concerns a Will left by a deceased person,

by virtue of which the property-in-question devolves

to several altruistic organizations, which work for

the public good. It is submitted that, even

otherwise, the bank discharges functions, which

are akin to those that are being discharged by the

State.

Moreover, a probate decree operates as a

judgment in rem and binds all.

Hence, it is contended that a public element is

involved in the present adjudication, since the

respondent-Bank is allegedly withholding the

amount due to the estate, despite a probate having

been granted in favour of the executor.

The petitioner has made out a strong prima

facie case justifying hearing of the writ petition on

merits, leaving the question of maintainability

open.

Accordingly, the respondents shall file their

affidavit-in-opposition within three weeks from

date. Reply thereto, if any, shall be filed within a

week thereafter.

The matter shall next be listed for hearing on

August 09, 2023.

The petitioner shall serve a further notice on

the respondent-Bank, indicating the next date of

hearing and the gist of this order, in the meantime

and file an affidavit of service on the next date of

hearing.

(Sabyasachi Bhattacharyya, J.)