Maintainability of writ against private banks

In the recent judgment of supreme court 1077-1081 of 2013 in CBI vs Ramesh gelli and others , court defined private banks as performing public duty and hence their employee to be treated as public servant Can WRIT be maintained against Private Sector Bank ?

Answers (3)

198 votes

You are right. All the institutions, irrespective of whether they are government controlled or not, can be brought under writ jurisdiction if they perform public functions. There are many judgments of the Supreme Court to this effect.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

164 votes

The Courts in various judgments have held that Writs are maintainable against (i) the State (Government); (ii) an authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; (vii) a private body discharging public duty or positive obligation of public nature.
Thus, for your query, if the particular Private Bank is doing anything unlawful, which it shouldn't have as a Public Duty, then only the Writ is maintainable.
Otherwise a private dispute with a Private Bank will not be grounds to hold the Writ maintainable.

Popular Banking / Finance Lawyers

Advocate Bala Janaki
330 Thambuchetty Street, Chennai
37 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
14 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
19 years Experience
Advocate R. Madhuraj
Vanchiyoor, Trivandrum
21 years Experience
341 votes

Depending upon for what right you are going against the said private bank, writ is maintainable. So clarify what right you want remedyfor through Writ. So give me details so that i may give you a proper answer.

Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Banking / Finance Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles