Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
HC Cannot Direct ICICI to Take Possession of Mortgaged Property, Private Bank Not ‘State’ Under Article 12: Punjab and Haryana HC
The Punjab and Haryana High Court has ruled that a High Court cannot direct ICICI Bank to take possession of mortgaged property as a private bank is not a "State" under Article 12. The court clarified that constitutional remedies under Article 226 are generally available against state actors or public authorities. As a private entity, ICICI Bank's actions in loan recovery are governed by civil law and contract, not subject to direct writ jurisdiction under Article 12. This decision clarifies the limits of High Court intervention in private contractual disputes, distinguishing between public and private entities.