S SUNDARAM Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) WHETHER a writ under Article 226 of the Constitution is maintainable against the private banker is the first and foremost issue to be decided in this case.

(2.) 00 If the answer is yes then the merits and de-merits of the case is to be considered. If the answer is no, the writ petition is liable to be dismissed and the prayer of the petitioner is to be rejected.

(3.) 00 Before I proceed to discuss the various points raised by both sides, I may have to note the law on the subject and the legal principles merging there from since settled by the Apex Court in identical cases, then to apply the same in the facts and circumstances of this case, in order to ascertain the writ jurisdiction of this Court in a case of this nature. 4:01 However for the purpose of understanding it would be sufficient to refer the material facts which are almost admitted. The material facts are not in dispute.