SUOMOTO ACTION Vs. ICICI BANK LTD

JUDGEMENT

(1.) This is a reference made by an order of an Hon'ble Division Bench passed on the 9th of September, 2005.

(2.) The reference was made in a Habeas Corpus Writ Petition No. 58318 of 2005. In the first two paragraphs of the referring judgment, their Lordships said as follows:Today we have dismissed the Habeas Corpus petition No. 58318 of 2005: Rakesh Mehta and Ors. v. State of U.P. and Ors. as infructuous. From the averments made in the petition and supplementary affidavit filed by ICICI Bank Ltd., some questions of larger public importance have arisen. This Court cannot lose sight of day to day happenings in the society. Therefore, we have taken suo motu cognizance of the matter on the facts that have been brought on record in the aforesaid Habeas Corpus Petition and Supplementary Affidavit.

(3.) In the concluding portion where the reference was ordered, their Lordships said as follows:- Shri V.P. Srivastava, learned Counsel for the respondents has vehemently urged that this Court may direct for CBI enquiry and then it would be revealed that in State of U.P. collection agency has been granted by ICICI Bank only to muscle men and bullies who are nothing but mafias and all the borrowers of the State of Uttar Pradesh, who have taken loan from the ICICI Bank are under constant threat of the mafias who are also criminally assaulting them. However, we were not issuing any such direction for holding a CBI enquiry at this stage. From the facts stated above, in our opinion, the following questions of public importance arise for consideration.