Santlal Sitaram Jaiswal v. Board Of Directors Allahabad Bank And 7 ORS

26-WPL-2924-17.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2924 OF 2017 Santlal Sitaram Jaiswal ..Petitioner

Versus

Board of Directors Allahabad Bank and others ..Respondents Mr. Mathew Nedumpara a/w Ms. Rohini M. Amin for the Petitioner. Mr. Navid Memon i/by Ms. Sandhya Y. Memon for Respondent Nos.1 to 5.

CORAM: B. R. GAVAI & SANDEEP K. SHINDE, JJ.

DATE: 8th November, 2017 P.C.:- 1] Mr. Nedumpara, learned Counsel for the Petitioner, submits that this Court while exercising its extraordinary jurisdiction under Article 226 of the Constitution of India, has no powers to grant declaratory reliefs and it is only the competent Civil Court, which is empowered to do so.

2] Accepting the submission of the learned Counsel for the Petitioner, since most of the reliefs claimed in the Petition are for declaration, we dismiss the Petition with liberty to the Petitioner to 1/2

26-WPL-2924-17.sxw move the Civil Court. We make it clear that the learned Judge of the Civil Court, before whom such a suit is filed, would consider the submissions of the Petitioner and pass an order in accordance with law.

(SANDEEP K. SHINDE, J. ) (B. R. GAVAI, J. ) 2/2