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Calcutta High CourtWPA/4264/2022dismissed

Jeju Metals Pvt Ltd v. Hdfc Bank Ltd And ANR

2022-04-06Hon'Ble Justice Rajasekhar Mantha2 pages

06.04.2022.

Court No.13 Item No. 40 ap W.P.A. No. 4264 of 2022 Jeju Metals Private Limited (erstwhile Dhrupad Traders Private Limited)

Versus

HDFC Bank Limited & Ors.

Mr. Hemant Tiwari, Ms. Shweta Poddar.

...For the petitioner.

Despite service of notice, HDFC Bank Limited is not represented. Affidavit-of-service filed in Court today be taken on record.

The writ petitioner is aggrieved by a notice of the HDFC Bank Limited dated 21st October, 2021, making certain requisitions.

The Bank has placed reliance on a Circular of the Reserve Bank of India dated 6th August, 2020, which according to the petitioner, has no manner of application.

This Court is of the view that no writ petition would lie under Article 226 of the Constitution of India against the HDFC Bank Ltd. There is absolutely no control of or management by, any State Authority in the Bank.

The State also does not fund the Bank in any manner whatsoever.

In those circumstances, no relief can be granted to the writ petitioner in this writ petition. However, dismissal of the writ petition shall not prevent HDFC

Bank from considering the writ petitioner's request that the Circulars dated 6th August, 2020 and 29th October, 2021 are not applicable to him.

With the aforesaid observations, the instant writ petition must fail and is hereby dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)