N.Nihmathullah v. the Governor

Madras HC19 Aug 2025WP/18773/2023

Case brief

AI extract

What is this about?

Maintainability of writ petition against private bank; Article 12 Constitution; private bank outside State purview; ICICI Bank loan account LPCHE00047368721 unenforceability; loan sanctioned without customer consent; S.Shobha v. Muthoot Finance Ltd 2025 4 CTC 327 para 9; remedy before concerned Court/Forum not writ court; Madras HC WP 18773 of 2023 disposed 19-08-2025; RBI complaint enquiry direction refused.

What did the court decide?

No substantive relief granted; the writ petition was disposed of with a clarification that grievances against the private bank must be pursued before the concerned Court/Forum, without costs, and the connected miscellaneous petitions were closed. ¶¶50-51

N.Nihmathullah Vs the Governor — Writ and Judicial Review | Madras HC (2025)

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WP No. 18773 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-08-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 18773 of 2023 and WMP Nos.18015, 18017, 30993 & 36262 of 2023 and 29447 of 2024

N.Nihmathullah

Petitioner(s)

The Governor Reserve Bank Of India 6, Sansad Marg, New Delhi 110 001.

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2.The Secretary to Government Ministry of Finance, Lib.9/773, Lodhi Colony, New Delhi 110 003.

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3.The Commissioner of Police Greater Chennai Vepery, Chennai 600 007.

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4.The Deputy Commissioner of Police Cyber Wing, Greater Chennai, No. 132, Commissioner Office

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WP No. 18773 of 2023

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Building, EVK Sampath Road, Vepery, Chennai 600 007.

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5.The Regional General Manager ICICI Bank, Post Box No 1610 Dare House Annexe 44 Moore Street, Parrys Corner, George Town, Chennai 600 001.

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6.The Branch Manager ICICI Bank 110, Prakash Presidium Uthamar Gandhi Salai (Nungambakkam High Road) Chennai 600 034.

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7.The Inspector of Police, CCB, Chennai.

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Respondent(s)

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(R1-deleted as per order Dated 12.06.2024 in WP.No.18773 of 2023) (R7 suo motu impleaded as per order Dated 13.02.2025 in WP.No.18773 of 2023)

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that the loan account No.LPCHE00047368721 sanctioned by the respondent 5 and 6 is without proper application and consent of the petitioner and therefore the liability towards the same in unenforceable and consequently directing the 1st

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respondent to issue appropriate direction to the Respondents 2 to 6 to conduct proper enquiry based on the complaint of the petitioner dated 5.5.2023 within the time frame to be stipulated by this Court and resolve the grievance of the petitioner.

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For Petitioner(s): Mr.T.S.Rajamohan

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For Respondent(s): Mr.V.Meganathan Government Advocate (Crl. Side) for R3, R4 and R7 No Appearance for R2 Mr.Nithyaesh Natraj for R5 and R6

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ORDER

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This writ petition has been filed for a writ of declaration to declare that

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the loan account sanctioned by the 5th and 6th respondents is without proper

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application of mind and without the consent of the petitioner and therefore, the liability towards the same is unenforceable and consequently, directing the 1st

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respondent to conduct an enquiry based on the complaint given by the petitioner on 05.05.2023.

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2.Heard the learned counsel for the petitioner and the learned counsel

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appearing on behalf of the respondents.

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3.The present writ petition is totally misconceived. The petitioner is seeking for relief as against the private Bank. The Apex Court in the latest

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Judgement in S.Shobha vs. Muthoot Finance Ltd., reported in 2025 4 CTC

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327 categorically held that such a writ petition as against the private Bank cannot be maintained, since the Bank does not come within the purview of

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Article 12 of the Constitution of India. Specific reliance can be placed on Paragraph 9 of the said judgement. The grievance of the petitioner is as against

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the private Bank and the nature of relief that has been sought for by the petitioner cannot be dealt with in the writ petition. If at all the petitioner has any

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grievance against the Bank, he must only approach the concerned Court/Forum

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and seek for redressal. Except giving this clarity, no further orders can be passed

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in this writ petition.

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