Sujoya Dey @ Keya Dey vs Hdfc Bank Ltd. & Ors
2023 Latest Caselaw 3092 Cal

   33.
1.5.2023
 S.D.
                                  W.P.A. 8877 of 2023

                               Sujoya Dey @ Keya Dey
                                        Vs.
                               HDFC Bank Ltd. & Ors.

                 Ms. Malabika Roy Dey
                 Mr. Arnab Mandal
                                                    .....For the petitioner

                 Mr. Pravat Srivastav
                                     ...For the Respondent Nos. 1 & 2

Ms. Soni Ojha

Affidavit of service filed in Court today is retained with

the records.

This writ petition has been filed against HDFC Bank,

Bandhan Bank Limited and also the Reserve Bank of India.

However, the reliefs are claimed only against HDFC bank

and Bandhan Bank Limited.

This Court finds that the reliefs are claimed against the

private banks. As such no relief in a writ petition filed under

Article 226 of the Constitution of India can be prayed for

against private bank which is not a State, Agency of the State

or instrumentality of the State under Article 12 of the

Constitution of India. Reference may be made to a judgment

passed by the Apex Court reported in (2003) 10 SCC 733

(Federal Bank Ltd. vs. Sagar Thomas & Ors.)

As such, W.P.A. 8877 of 2023 is dismissed.

The petitioner will be at liberty to approach the

appropriate forum, on the selfsame cause of action, if so

advised.

Since no affidavits have been directed to be exchanged

in the present writ petition, all the allegations contained in

the writ petition are deemed not to have been admitted by the

parties.

All parties shall act on the server copy of this order

duly downloaded from the website of this Court.

Urgent photostat certified copy of this order, if applied

for, be given to the parties upon compliance of all the

formalites.

(Lapita Banerji, J.)