https://www.taxtmi.com/caselaws?id=279628 Article discusses whether a writ under Article 226 can lie against a private bank when it invokes the wilful defaulter circular, and states that such jurisdiction may extend where the bank's action serves a public-law or public-interest function. It explains that an alternative arbitration remedy under the Credit Information Companies (Regulation) Act, 2005 does not automatically bar writ relief, especially where the challenge concerns the vires or applicability of the master circular. It further notes that constructive res judicata did not arise because the earlier order left merits open, and that no real bias or breach of natural justice was shown. The circular was held applicable only within a borrower-creditor framework, so the declaration of wilful default could not stand. en-us Tue, 01 Sep 2009 00:00:00 +0530 Thu, 28 Mar 2019 14:58:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279628 Article discusses whether a writ under Article 226 can lie against a private bank when it invokes the wilful defaulter circular, and states that such jurisdiction may extend where the bank's action serves a public-law or public-interest function. It explains that an alternative arbitration remedy under the Credit Information Companies (Regulation) Act, 2005 does not automatically bar writ relief, especially where the challenge concerns the vires or applicability of the master circular. It further notes that constructive res judicata did not arise because the earlier order left merits open, and that no real bias or breach of natural justice was shown. The circular was held applicable only within a borrower-creditor framework, so the declaration of wilful default could not stand. Case-Laws Indian Laws Tue, 01 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279628