Petitioner sought writ direction to direct ICICI Bank to close his accounts and handover documents as an MSME enterprise, claiming exemption from pre-closure charges. Court noted respondents 1 and 2 are not the correct parties as the bank is private. Petitioner granted liberty to approach appropriate authorities. Petition disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JANUARY 2022/16TH POUSHA, 1943
WP(C) NO. 293 OF 2022
PETITIONER:
AFSAL A., AGED 35 YEARS, S/O. ABDUL RAHIM, CHUNDAVILA, UMAYANELLOOR P.O., KOLLAM-691 589.
BY ADVS. P.R.MILTON K.J.CHACKOCHAN
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, UDYOG BHAVAN, RAFI MARG, NEW DELHI-110 011.
2 THE RESERVE BANK OF INDIA REPRESENTED BY THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, VAZHUTHACADU, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033.
3 ICICI BANK, REPRESENTED BY ITS MANAGER (BRANCH HEAD), KOTTIYAM BRANCH, KOTTIYAM, KOLLAM-691 571.
SRI.S.MANU, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.293/2022
2
JUDGMENT
Dated this the 6th day of January, 2022
The petitioner who is the proprietor of a business enterprise doing sale of Rice and other provisionary items, has filed this writ petition seeking to direct the 3rd respondent bank to close the accounts of the petitioner and handover the security documents to the petitioner. The petitioner also seeks to declare that the petitioner being an MSME registered Enterprise, the 3rd respondent is not entitled to levy any pre-closure charges or penalty for closing the accounts of the petitioner in the 3rd respondent bank.
WP(C)No.293/2022
3
the learned counsel for the petitioner submitted that the petitioner may be permitted to take up his grievances with respondents 1 and 2 or before other appropriate authorities.
Accordingly, granting liberty to the petitioner to approach the competitive authorities, the writ petition is
disposed of.
Sd/- N. NAGARESH JUDGE
ncd/06.01.2022
WP(C)No.293/2022
4
APPENDIX OF WP(C) 293/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE COP | Y | OF | UDYAM REGISTRATION |
|---|---|---|---|---|
| CERTIFICAT RESPONDENT |
E MI |
ISSU NIST |
ED BY THE FIRST RY. |
|
| Exhibit P2 | TRUE COPY IN FAVOUR 3.11.2021 |
OF OF FOR |
THE THI RS. |
DEMAND DRAFT DRAWN RD RESPONDENT DATED 93,00,000/-. |
| Exhibit P3 |
TRUE COPY IN FAVOUR 3.11.2021 |
OF OF FOR |
THE THI RS. |
DEMAND DRAFT DRAWN RD RESPONDENT DATED 14,000/-. |
| Exhibit P4 | TRUE COP 16.12.2021 THE THIRD |
Y SE RES |
OF NT B POND |
THE LETTER DATED Y THE PETITIONER TO ENT. |
| Exhibit P5 | TRUE COPY | OF | THE | LEGAL NOTICE DATED |
| 22.12.2021 TO THE THI |
IS RD |
SUED RESP |
BY THE PETITIONER ONDENT. |
2 issues framed by the court
Whether the court can direct a private bank, not falling under the definition of 'State', to close petitioner's accounts and hand over security documents.
Whether a private bank is entitled to levy pre-closure charges or penalty for closing accounts of an MSME registered enterprise in a writ petition.
AFSAL A.
UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES
THE RESERVE BANK OF INDIA REPRESENTED BY THE REGIONAL DIRECTOR
ICICI BANK
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
