M.Sadashivam v. The Reserve Bank Of India
2025:MHC:1985
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP Nos.31438, 31440 & 31442 of 2025 1.M.Sadashivam 2.S.Devi Eswari 3.M.Sudhakar Petitioner(s) Vs 1.The Reserve Bank Of India No.16, Rajaji Salai, Fort Glacis, Chennai- 600 001.
2.The Branch Manager City Union Bank, #123, Denkanikotta Road, Opp.Sub - Collector Office, Hosur- 635109.
3.D.Mani 4.M.Babu Respondent(s) Page No.1 of 5
PRAYER Directing the 2nd respondent not to release the mortgaged document relating to the company to the 3rd and 4th respondents without the physical presence of the all directors with board resolution of the company. For Petitioner(s):
M/s.R.Meenakshi For Respondent(s):
Mr.T.Poornam For R1
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 2 nd respondent not release the mortgaged documents relating to the company to the respondents 3 and 4 without the physical presence of all the directors with the Board resolution.
2. Heard the learned counsel for the petitioners and carefully perused the materials available on record.
3. In the considered view of this Court, the present writ petition is totally Page No.2 of 5
misconceived. The petitioners are seeking for a relief as against the 2 nd respondent / Bank. A writ petition can be maintained against the 2 nd respondent / Bank provided that 2 nd respondent / Bank is involved in some public duty. In the absence of the same, a writ of mandamus can never be issued against the private financial institutions. Useful reference can be made to the latest judgment of the Hon'ble Apex Court in S.Shobha vs. Muthoot Finance Ltd., reported in 2025 4 CTC 327. Specific reference can be made to paragraph 9 of the said judgment. The Apex Court in no uncertain terms held that such bodies will not come within the preview of Article 12 of the Constitution of India.
4. In view of the above, this Court is not inclined to exercise its discretion under the Article 226 of the Constitution of India. It is left open to the petitioners to workout their remedy before the Competent Court and proceed further in accordance with law.
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5. This writ petition is disposed of with the above observations. No costs. Consequently, the connected Miscellaneous Petitions are closed. 30-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To 1.The Reserve Bank Of India No.16, Rajaji Salai, Fort Glacis, Chennai- 600 001.
2.The Branch Manager City Union Bank, 123, Denkanikotta Road, Opp.Sub - Collector Office, Hosur- 635109.
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N.ANAND VENKATESH J.
Jeni 30-07-2025 Page No.5 of 5