w w w . L a w y e r S e r v i c e s . i n



Unimoni Financial Services Ltd., Represented by its Director & Chief Financial Officer, R. Krishnan v/s IDBI Bank Limited, Represented by its Managing Director & Others


Company & Directors' Information:- IDBI BANK LIMITED [Active] CIN = L65190MH2004GOI148838

Company & Directors' Information:- IDBI BANK LIMITED [Amalgamated] CIN = L65925MP1994PLC008624

Company & Directors' Information:- UNIMONI FINANCIAL SERVICES LIMITED [Active] CIN = U85110KA1995PLC018175

Company & Directors' Information:- K K FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U65923MH2007PTC166978

Company & Directors' Information:- O J FINANCIAL SERVICES LIMITED [Active] CIN = U74899DL1993PLC051937

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- G U FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120OR1989PTC017916

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- BANK OF INDIA LIMITED [Active] CIN = U99999MH1906PLC000243

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- W G F FINANCIAL SERVICES LIMITED [Active] CIN = U65993DL1992PLC048390

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- C F S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062182

Company & Directors' Information:- D AND A FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1981PTC012709

Company & Directors' Information:- N B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993DL2006PTC144829

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- T H FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120WB1997PTC082650

Company & Directors' Information:- M K G FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067373

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- INDIA FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65921WB1997PLC083511

Company & Directors' Information:- P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070768

Company & Directors' Information:- S A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC063217

Company & Directors' Information:- A M FINANCIAL SERVICES LIMITED [Strike Off] CIN = U74140PB1993PLC013944

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- AT FINANCIAL SERVICES LIMITED [Active] CIN = U67190MH2013PLC243267

Company & Directors' Information:- L N M FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65910WB1996PTC082013

Company & Directors' Information:- H T FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999MH2012PTC225794

Company & Directors' Information:- B M FINANCIAL SERVICES INDIA PRIVATE LIMITED [Active] CIN = U65990MH2001PTC132477

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- M L FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65920TG1994PLC018846

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- M G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065876

Company & Directors' Information:- T T C FINANCIAL SERVICES PVT LTD [Active] CIN = U51909WB1995PTC074992

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- S & F FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U63040MH2004PTC149667

Company & Directors' Information:- R S A FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067328

Company & Directors' Information:- J & J FINANCIAL SERVICES LTD. [Active] CIN = U51109WB1995PLC074697

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- B P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65110MH1996PTC102267

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993PB1995PTC016819

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993HR1995PTC067843

Company & Directors' Information:- N P K FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1995PTC073448

Company & Directors' Information:- K R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65921TG1994PTC018711

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- K S M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120PB1995PTC016630

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- D K S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U74899DL1995PTC069093

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- U D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068179

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- H D FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1992PTC056476

Company & Directors' Information:- B. K. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67100MH2010PTC210099

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- B R FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1995PTC068371

Company & Directors' Information:- B 2 B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2008PTC188501

Company & Directors' Information:- J. H. B. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1997PTC084907

Company & Directors' Information:- K K B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74900CH2010PTC032178

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- D R FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120WB1996PTC079376

Company & Directors' Information:- R K FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067676

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- J. M. A. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65929DL1996PTC079248

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- V A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190MH2003PTC138687

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- R P FINANCIAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U67190TZ2008PTC014376

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- B J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120GJ2005PTC046722

Company & Directors' Information:- D G FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67110MP1995PTC009014

Company & Directors' Information:- S D S FINANCIAL SERVICES LIMITED [Strike Off] CIN = U67120PB1996PLC017964

Company & Directors' Information:- B L M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120CH1995PTC016606

Company & Directors' Information:- A V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65990TG1995PTC020950

Company & Directors' Information:- D K FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921CH1994PTC014219

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- J V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999TG1994PTC018470

Company & Directors' Information:- B A L FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921TG1996PTC023150

Company & Directors' Information:- R T G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC150664

Company & Directors' Information:- T C G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC156330

Company & Directors' Information:- M K FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1986PLC024178

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- V AND C FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018781

Company & Directors' Information:- J M S FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1996PLC082705

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- N BANK LTD [Strike Off] CIN = U65191WB1924PLC000442

Company & Directors' Information:- E F FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65929WB1988PTC045117

Company & Directors' Information:- L S J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120KA1995PTC018030

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- C & A FINANCIAL SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74992PB2008PTC032215

Company & Directors' Information:- G. S. D. FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100MH2009PTC196926

Company & Directors' Information:- A J P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC192558

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- A .S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921PB1994PTC014347

Company & Directors' Information:- V S P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190TN1995PTC031176

Company & Directors' Information:- T K S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TZ1991PTC003500

Company & Directors' Information:- A TO Z FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U65999WB1995PTC075689

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TN1995PTC030986

Company & Directors' Information:- B G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67110DL1995PTC066466

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- G D FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120PB1994PTC014142

Company & Directors' Information:- V J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018456

Company & Directors' Information:- CHIEF FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190PB2008PTC031857

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- S. R. FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U67120GJ2006PTC048918

Company & Directors' Information:- H C FINANCIAL LTD [Amalgamated] CIN = U65910GJ1982PLC004967

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- D S FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U51109WB1990PTC048460

Company & Directors' Information:- P N N BANK LIMITED [Strike Off] CIN = U65921TZ1948PLC000153

Company & Directors' Information:- I O P T 4 M O R E FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2009PTC192104

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- I. & I. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U93090MH2017PTC298584

Company & Directors' Information:- C. D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2012PTC230709

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S AND N FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190TN2014PTC095802

Company & Directors' Information:- K & S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC044597

Company & Directors' Information:- U & I FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2011PTC072616

Company & Directors' Information:- I & A FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U65923TG2012PTC079262

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- R G FINANCIAL PRIVATE LIMITED [Strike Off] CIN = U65923DL1984PTC018552

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- B AND B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068601

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- N G R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190HR2013PTC049521

Company & Directors' Information:- K H FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2004PTC044313

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- D V G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921DL1994PTC057078

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M K M FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U99999DL1995PTC067375

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- U AND V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KL2008PTC021963

Company & Directors' Information:- CORPORATION BANK LTD [Dissolved] CIN = U99999KA1901PLC000893

Company & Directors' Information:- CORPORATION BANK LIMITED [Strike Off] CIN = U99999KA1972PLC001067

Company & Directors' Information:- K AND C BANK LIMITED [Dissolved] CIN = U65191KL1928PLC000529

Company & Directors' Information:- CORPORATION BANK LIMITED [Not available for efiling] CIN = U99999MH1936PTC002552

    WP(C). No. 17635 of 2020(D)

    Decided On, 16 December 2020

    At, High Court of Kerala

    By, THE HONOURABLE MRS. JUSTICE P.V. ASHA

    For the Petitioner: M. Gopikrishnan Nambiar, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Parvathy Kottol, Advocates. For the Respondents: R1, Deepu Thankan, Ummul Fida, Lakshmi Sreedhar, Advocates.



Judgment Text

1. The Writ Petition is filed seeking the following reliefs:"a. To declare that the demand made by the respondents to the petitioner for payment of an amount of Rs.11,00,000/- towards the alleged processing fee as per Exhibit P4 renewal offer, as a condition precedent inter alia for the return of original property documents belonging to the petitioner, is arbitrary and illegal.b. To issue a writ of mandamus or any other appropriate writ, directing the respondents to do the following, without insisting on payment by the petitioner of Rs.11,00,000/- towards alleged processing fee or any other amount under Exhibit P4 renewal offer:-1. To issue a ‘No Dues Certificate' to the Petitioner.2. To return to the Petitioner the original documents in respect of the petitioner's land bearing re-survey No.96/6 (old survey number 706/7) in block 5 of Thrikkakara North Village located at Edappally, Kochi.3. To return to the Petitioner the original documents in respect of the Petitioner's office building bearing CTS No.72, 72/1 and 72/2 and survey No.21, Hissa No.2 situated at Andheri Kurla Road, Andheri (East), Mumbai;4. To cancel and return to the Petitioner the personal guarantee provided as security for the credit facilities AND c. Grant such other and incidental reliefs as this Hon'ble Court may deem just and necessary in the facts and circumstances of this case."2. The respondents have raised a preliminary objection with respect to the maintainability of the Writ Petition. According to the respondents, IDBI is not a State or an instrumentality of State or a body which falls within the purview of Article 12 of the Constitution of India. It is stated that the respondent bank does not perform any public or statutory or sovereign function and it does not enjoy any monopoly in the banking and its function is confined to commercial activities like any other commercial bank. It is stated that though the respondent bank was registered as a banking company under the provisions of the Banking Regulation Act, 1949 and was categorised as Other Public Sector Bank by Reserve Bank of India as per letter dt.15.04.2005, after the majority of its shareholding was divested from the Central Government, it is now recategorised as a private sector bank w.e.f 21.01.2019 for regulatory purpose. It is stated that the Industrial Development Bank of India Act, 1964 provided for establishment of a development bank as contemplated in Section 2(b) r/w Section 3 of the Act. The shareholding of the said development bank was with the Central Government. Under Section 5 of the 1964 Act, the management and control of the development bank was to be exercised by the Board of Directors. Thereafter the Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 was enacted providing for transfer and vesting of the business of the development bank with the respondent bank in view of the need for giving the respondent bank sufficient autonomy to compete at par with other banks. It is stated that the Central Government does not have any deep or pervasive control over the functioning of the respondent bank and the policy decisions of functioning of the bank as well as its administrative decisions are done by the Board of Directors as in the case of any other private sector company. No ratification or approval or even reference is required from the Central Government. In the absence of any administrative or functional control by the Central Government, it is stated that it cannot be said that the respondent bank is a State or an instrumentality of State and therefore not amenable to the writ jurisdiction of this Court.3. Relying on the judgment of this Court in K.K.Saxena v. International Commission on Irrigation and Drainage and Ors. [2015 (4) SCC 670], Federal Bank Ltd. v. Sagar Thomas & Ors. [2003 (10) SCC 733], the judgment in W.P(c).No.8736(W) of 2009 of Calcutta High Court, State of U.P. v. Bridge & Roof Co. (India) Ltd. [1996 KHC 950] and Bareilly Development Authority v. Ajai Pal Singh [1989 KHC 270] it is stated that there is no element of public duty involved in the matter and no writ will lie in respect of commercial transaction. The judgement in Rajbir Surajbhan Singh v. The Chairman, Institute of Banking Personnel Selection, Mumbai [2019 (14) SCC 189] was also relied on in support of the contention that the Writ Petition is not maintainable.4. Sri. Paulose, the learned counsel for the petitioner relying on the judgments in R.D.Shetty v. International Airport Authority [(1979) 3 SCC 489], Sukhdev Singh v. Bhagatram [(1975) 1 SCC 421 (Para.50, 61, 67), M/s.Dwarkadas Marfatia & Sons v. Board of Trustees, Bombay Port [AIR 1989 SC 1642], Pradeep Kumar Biswas v. Indian Institute of Chemical Biology [(2002) 5 SCC 111] etc. argued that till December, 2018 the Government of India held 50.12% shares and after 2018 the shares of Government of India has been reduced to 47.11%; whereas the LIC holds the share of 51%. It was argued that even as per the order passed by the RBI, the IDBI is treated as a private bank only for regulatory purposes; therefore, it would continue to be a public sector bank for all other purposes; the only difference is that LIC has got more shares. It was argued that LIC is a statutory establishment and therefore it cannot be said that no writ will lie. Relying on the judgment of this Court in Lonankutty Antony v. Joint Registrar of Co-operative Societies [2016 (2) KLT 281] and the judgment of the Calcutta High Court in W.P(C).No.29749 of 2008 against Bank of Bengal it was argued that IDBI is one controlled by the Central Government and it is always under the watch of Central Vigilance Commission.5. At the same time, the learned counsel for the respondent pointed out that the Writ Petition, which is filed as against the collection of processing charges arises out of a purely contractual transactions, for which the remedy lies before a civil court or Ombudsman and the relationship of the petitioner and the respondent is that of a banker and a customer.6. I have considered the rival contentions. In paragraph 1 of the Writ Petition, the petitioner has claimed that the respondent Bank comes under the purview of State under Article 12 of the Constitution of India and is hence amenable to writ jurisdiction on the ground that 47.11% of shares are held by the President of India and 51% of the shares are held by the Life Insurance Corporation of India and therefore that would indicate the deep and pervasive control of the Government over the affairs of the respondent. It is further stated that the activities of the respondent is of public importance. As against the said contention, the respondents have in the preliminary objection stated that consequent to the enactment of Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 the Bank is given sufficient autonomy. In para.7 of the objection the respondents have stated the following:"7. Thus, the Central Government does not have deep or pervasive control over the functioning of the Respondent Bank. The policy decisions of functioning of Respondent Bank as well as its administrative decisions would all be done by the Board of Directors as is done in any other private sector company. These decisions are not required to be referred or approved or ratified by the Central Government. In the absence of any administrative or functional control by the Central Government, much less a control which is deep or pervasive in nature, is the most pertinent indicator that Respondent Bank is not a State or an instrumentality of the State and therefore not amenable to the writ jurisdiction of this Hon'ble Court."The petitioner has not filed any reply to the said objection, though it was argued that the deep and pervasive control vests in Government.7. It is not disputed that the Bank was originally established under 'The Industrial Development Bank of India Act, 1964' or that the said Act is repealed by the Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003. As per Section 3 of the 2003 Act, undertaking of the Development Bank got vested in the Company. Reserve Bank has issued a letter dated 14.03.2019 to the effect that the Bank is categorised as a Private Sector bank for regulatory purposes with effect from 21.01.2019.8. Though Sri. Paulose argued that the respondent is a State under Article 12, relying on the judgment in RD Shetty's case (supra), it is seen that there is nothing to show that there was/is deep and pervasive control of the Government over the respondent. I would examine the applicability of the judgments relied on by both sides.9. In the judgment in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi: (1975) 1 SCC 421 relied on by Sri. Paulose, the Apex Court was considering the question of removal of employees in statutory Corporations, who are governed by the regulations framed under the respective Acts (ONGC Act/Industrial Finance Corporation Act/LIC Act) and whether those Statutory Corporations were authorities under Article 12 of the Constitution of India. But in that case the Apex Court found the pervasive control of the Central Government over all those Corporations. The petitioner cannot claim that there is deep and pervasive control over the respondent merely on the basis of those factual findings in respect of those Corporations.10. In Dwarkadas Marfatia and Sons' case (supra)-the next judgment relied on by Sri. Paulose, the Apex Court was considering the scope of judicial review of the action of the Board of Trustees of the Port of Bombay, in evicting its tenant and inducting there another tenant. It was held therein that being a public body it must act in public interest even in respect of its dealing with its tenant and an infraction of that duty is amenable to examination either in civil suit or in writ jurisdiction. But no objection is seen to have raised in that case as to whether the Bombay Port Trust was an authority under the State.11. In Pradeep Kumar Biswas' case (supra) the Apex Court after analysing a series of judgments and the tests to be employed, held that in order to arrive at a finding that a body is a State under Article 12, it should be financially, functionally and administratively dominated by or under the pervasive control of the Government. When the control is merely regulatory whether under statute or otherwise, it would not serve to make the body a State.12. In the judgment in Lonankutty Antony v. Joint Registrar of Co- operative Societies: 2016(2)KLT 281, relied on by Sri. Paulose, the question of maintainability is not seen raised. Moreover, it appears that the title deeds were retained with the permission of the Joint Registrar of Cooperative Societies. Therefore, no reliance can be placed on it.13. From the judgment of the Calcutta High Court in W.P(c).No.29749 of 2008, relied on by the learned Counsel for the petitioner, also it is seen that the respondent Bank did not even file a counter affidavit in that Writ Petition. Apparently the question of maintainability was not raised. It is also seen that relief was sought against nationalised banks.14. At the same time, the judgments relied on by Sri. Deepu Thankan would support his arguments.15. In Federal Bank v. Sagar Thomas : (2003)10 SCC 733 the Apex Court held that the business of banking does not fall within the expression "public duty" and hence a Writ Petition would not lie under Article 226 of the Constitution of India.16. In K.K. Saksena v. International Commission on Irrigation & Drainage: (2015) 4 SCC 670, the Apex Court found that in order to determine the maintainability of a Writ Petition under Article 226 of the Constitution of India the following questions are to be answered:(a) Whether a private body which is a non-governmental organisation partakes the nature of public duty or State action?(b) Whether there is any public element in the discharge of its functions?(c) Whether there is any positive obligation of a public nature in the discharge of its functions?(d) Whether the activities undertaken by the body are voluntary, which many a non-governmental organisation perform?It was found that the respondent therein would not be amenable to writ jurisdiction under Article 226 of the Constitution of India, as there was no obligation for it to discharge activities which were statutory or of public character and that the activities were undertaken by it voluntarily. In Rajbir Surajbhan Singh v. Institute of Banking Personnel Selection: (2019) 14 SCC 189 it was held in para.14 as follows:"14. The respondent - Institute has been set up for the purpose of conducting recruitment for appointment to various posts in Public Sector Banks and other financial institutions. Applying the tests mentioned above, we are of the opinion that the High Court is right in holding that the Writ Petition is not maintainable against the Respondent. Conducting recruitment tests for appointment in banking and other financial institutions, is not a public duty. The Respondent is not a creature of a statute and there are no statutory duties or obligations imposed on the Respondent.15. It is true that the Governor of Reserve Bank of India and the Chairmen of certain public sector banks along with the Joint Secretary, Banking Division, Ministry of Finance are members of the governing body of the respondent Institute. There is no dispute that the respondent is not constituted under a statute. It is also not disputed that the respondent does not receive any funds from the Government. The respondent is not controlled by the Government. The letter dated 20-9-2010 produced by the appellant along with the rejoinder-affidavit does not show deep and pervasive control by the Government of India. The question is whether the Council of Scientific and Industrial Research fell under "other authorities" within the meaning of Article 12 was referred to a seven-Judge Bench of this Court. (See Pradeep Kumar Biswas v. Indian Institute of Chemical Biology)."It was held therein that the IBPS was not amenable to writ jurisdiction under Article 226 of the Constitution of India as it was not discharging any public function as its activity of conducting the selection process for appointment to Banks was purely voluntary and not out of any statutory obligation. After analysing the aforesaid judgme

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nts, I have in Girish G & another v. State of Kerala & others [2020 KHC 289: ILR 2020 (2) Ker 676], held that CIAL is not an authority under Article 12 of the Constitution of India and no writ will lie against it for enforcing personal contracts, while considering the validity of the orders terminating services of certain employees.17. The Division Bench of this Court has after elaborate analysis of various judgments on the issue, in the judgment in Sleebachan v. State of Kerala: 2020 (4) KLT online 1024: 2020(5)KLT SN.11, held that Bank is not performing any public duty and hence a Writ Petition is not maintainable.18. In the present case, the petitioner is challenging the demand made by the respondents towards processing fee of an alleged credit facility and also relating to withholding of the title deeds of the properties which were mortgaged/given in security. Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank and especially when it arises out of contractual transactions entered into between the parties and the bank.19. I am of the view that even if the Bank is a public sector bank, demand for processing fee or withholding of title deeds towards security cannot be said to be one involving any element of public duty. In the above circumstances, I am of the view that the Writ Petition is not maintainable under Article 226 of the Constitution of India.Writ Petition is accordingly dismissed.
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