Calcutta High Court (Appellete Side)
Sole Proprietor Sri Bivas De vs Hdfc Bank Limited & Anr on 8 July, 2021
Author: Debangsu Basak
Bench: Debangsu Basak
08/07/2021 Item No.10.
Court No.8.
AB Through Video Conference W. P. A. 9318 of 2020 P. B. Udyog represented by its Sole Proprietor Sri Bivas De Vs HDFC Bank Limited & Anr.
Mr. Prantick Ghosh ...for the Petitioner. Mr. Shamit Sanyal, Ms. Mekhola Kanji ...for the Bank. The petitioner complains that the bank debited the account of the petitioner wrongfully. According to the petitioner, there is no contract between the petitioner and the bank.
Learned advocate appearing for the bank submits that, the petitioner is the sole proprietorship of Bivas De. Bivas De obtained a car loan. Bivas De defaulted in payment of the car loan. In view of such default, the bank exercised banker's lien on the account maintained by the petitioner.
A bank is entitled to exercise its right of banker's lien. In the fact of the present case, Bivas De is the sole proprietor of P. B. Udyog. He is liable for all liabilities of P. B. Udyog as the sole proprietor thereof. Therefore, the bank cannot be faulted for debiting the 2 account of P. B. Udyog for defaults committed by Bivas De. In any event, the same is a civil dispute, which a writ court need not interfere.
W.P.A. No.9318 of 2020 is disposed of, accordingly.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Debangsu Basak, J.)