The Allahabad High Court while dismissing a plea has observed that writ of mandamus cannot be issued against a private body, Mahindra Finance Bank as it does not fall under the scope of Article 12 of the Indian Constitution.
The Division Bench comprised of Justice Alok Singh and Justice Karunesh Singh Pawar while placing reliance on the decision laid down in case of Federal Bank Ltd. vs. Sagar Thomas & Ors has held that,
“We are of the view that no grounds have been made out to issue any mandamus to a purely private body, namely, Mahindra Finance in the facts of the present case.”
The petitioner has filed a petition for issuance of a writ in the nature of Mandamus directing the respondents Bank to provide the complete statement of a Customer ID to the petitioner with due amount and further direct the respondents to receive the due amount in easy instalments.
The Counsel on behalf of the petitioner, while placing reliance upon the judgment of the Supreme Court in Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and others v. V.R. Rudani and others has submitted that the writ against the private bank is maintainable.
The court while dismissing the plea has advised the petitioner to take such civil or criminal action against the private body which may be permissible under law.
Case details:
Case: - MISC. BENCH No. - 21265 of 2020
Petitioner: - Arif Khan
Respondent: - Branch Manager Mahindra Finance Sultanpur & Another
Counsel for Petitioner: - Pradeep Kumar Shukla
Quorum: Justice Alok Singh and Justice Karunesh Singh Pawar
Read Order@LatestLaws.com
Share this Document :
Picture Source :
