Writ jurisdiction over private bank compliance refusals upheld where foreign exchange processing raised public law and sanctions concerns

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Full Text of the Document

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....Writ jurisdiction may extend to a private bank when it acts as an Authorised Dealer under the FEMA-RBI framework and its refusal to process foreign exchange transactions is challenged as arbitrary. The article notes that contractual banking dealings do not exclude judicial review where a public law element exists, and that a clean-hands objection based on alleged suppression will not automatically bar a petition if the disputed facts are part of the main controversy. It also explains that the bank could require enhanced due diligence and refuse processing when later material raised sanctions-related concerns, with the writ court declining to reappreciate disputed commercial facts and no interference being made under Article 226.....