Court No. - 40
Case :- WRIT - C No. - 20094 of 2018 Petitioner :- Bhagwan Swaroop Patairiya Respondent :- Canara Bank (Head Office) And Another Counsel for Petitioner :- Balendra Deo Misra Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and Sri Gyanesh Kumar Mishra holding brief of Sri K.M.Asthana, learned counsel for the respondent bank.
The contention raised is that the respondent bank has unjustifiably refused the sanction of a loan to the petitioner for setting up a unit for manufacturing Incense Sticks. The bank has refused it on the ground that the market is already saturated with the manufacturer and supply of such product. It will not be a feasible project for the bank to enter into a transaction with the petitioner.
We in the exercise under Article 226 of the Constitution of India can-not gauge the subjective satisfaction or even the objective satisfaction of the bank in the present case as no statutory violation has been shown nor it is established that the bank has acted arbitrarily so as discriminate the petitioner. Consequently no case is made out so as to warrant interference under Article 226 of the Constitution of India without prejudice to the rights of the petitioner to approach the higher authorities of the bank for the consideration of his request. The writ petition is consigned to records.
Order Date :- 29.5.2018 R./