Hari Kishore Singh v. The Central Bank Of India Through Its Chairman and Ors.
Case brief
What is this about?
Writ petition (CWJC No. 4958 of 2017, Patna High Court) by a Kisan Credit Card borrower seeking return of a bank-seized tractor or closure of the loan account; dismissed on maintainability grounds as a purely civil/commercial bank-borrower dispute with no fundamental-rights infringement, the petitioner being directed to the appropriate forum. Themes: maintainability of writ petitions in banking/money-lending disputes; Kisan Credit Card and tractor term loan; hypothecation and seizure of vehicle; demand notice and recovery; mandamus for release of seized asset; closure of loan account, no dues certificate, return of mortgaged title deeds; remission to civil forum. Single-judge bench (G. Anupama Chakravarthy, J.).
What did the court decide?
There is no infringement of the petitioner's fundamental rights in any manner; if the petitioner is aggrieved by the actions of the bank, he must approach the appropriate forum to seek redress.