The High Court dismissed a writ petition seeking a no-dues certificate from Indusind Bank. The court held the private bank was not amenable to writ jurisdiction under Article 226.
Petitioner granted liberty to take recourse to any other legal remedy available under law.
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Court No. - 2
Case :- WRIT - C No. - 1883 of 2023
Petitioner :- Mohammad Mubeen
Respondent :- Indusland Bank Branch Hazratganj Lucknow Thru. Branch Manager
Counsel for Petitioner :- Mahesh Kumar Sharma
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner.
By means of this writ petition a prayer has been made to issue a direction to the sole respondent to furnish no-dues certification to the petitioner against the loan, which is said to have been taken by the petitioner from the respondent-Bank.
The Respondent Bank, namely Indusind Bank, is a purely a Private Entity and, hence, is not amenable to the writ jurisdiction of this court. Accordingly, this writ petition is not maintainable. It is hereby dismissed , with liberty to the petitioner to take recourse to any other legal remedy available to him under law.
( Subhash Vidyarthi, J. ) ( Devendra Kumar Upadhyaya, J. )
Order Date :- 3.3.2023 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court can exercise writ jurisdiction over a private entity like the respondent bank via Article 226?
Mohammad Mubeen
Indusland Bank Branch Hazratganj Lucknow
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
