Sujoya Dey @ Keya Dey v. Hdfc Bank Limited And ORS.

33.

1.5.2023 S.D.

W.P.A. 8877 of 2023 Sujoya Dey @ Keya Dey Vs.

HDFC Bank Ltd. & Ors.

Ms. Malabika Roy Dey Mr. Arnab Mandal .....For the petitioner Mr. Pravat Srivastav ...For the Respondent Nos. 1 & 2 Ms. Soni Ojha ..For the Respondent No. 3 Affidavit of service filed in Court today is retained with the records.

This writ petition has been filed against HDFC Bank, Bandhan Bank Limited and also the Reserve Bank of India. However, the reliefs are claimed only against HDFC bank and Bandhan Bank Limited.

This Court finds that the reliefs are claimed against the private banks. As such no relief in a writ petition filed under Article 226 of the Constitution of India can be prayed for against private bank which is not a State, Agency of the State or instrumentality of the State under Article 12 of the Constitution of India. Reference may be made to a judgment passed by the Apex Court reported in (2003) 10 SCC 733 (Federal Bank Ltd. vs. Sagar Thomas & Ors.)

As such, W.P.A. 8877 of 2023 is dismissed.

The petitioner will be at liberty to approach the appropriate forum, on the selfsame cause of action, if so advised.

Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained in the writ petition are deemed not to have been admitted by the parties.

All parties shall act on the server copy of this order duly downloaded from the website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalites.

(Lapita Banerji, J.)