Madras High Court· 29 July 2026

Does mere regulation by RBI make a writ under Article 226 of the Constitution maintainable against a private sector bank?

K. Karthikesan v. ICICI Bank Limited

2026:MHC:3140 · WA Nos. 3735 & 110 of 2025
Coram: Justice S.M.Subramaniam · Justice N.Senthilkumar

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Answer

No. It is a well settled proposition of law that no writ would lie against private banks or companies. Mere regulation of banks by statutory bodies like RBI does not make private sector banks pass the 'public function' test, and a private body is amenable to writ jurisdiction only where it may become necessary to compel such body to enforce any statutory obligations or such obligations of public nature. Merely because the bank has made provisions to grant pension under the relevant Pension Scheme, that cannot be a ground to hold that the bank is performing a public duty or public function.

Headnote

Constitution of India — Article 226 — Writ against private sector bank — Public function test — Employer and employee dispute over payment of pension — Maintainability — Constitution of India — Article 226 — Private sector bank — No writ without statutory or public duty — Held: A writ does not lie against a private sector bank; mere regulation of banks by statutory bodies like RBI does not make such a bank discharge any public function or public duty. (¶2, 12) Constitution of India — Article 226 — Payment of pension — Contractual relationship not amenable to writ — Held further: A dispute between an employer and employee over payment of pension, the employer being a private company or bank, remains in the realm of contractual relationship and should be settled before an appropriate forum or Civil Court. (¶13) Constitution of India — Article 226 — Maintainability — Restraint in adjudicating issues on merits — Held further: Maintainability being the preliminary issue, the High Court is expected to exercise restraint in adjudicating the disputed issues on merits, and the competent forum may decide the issues independently and uninfluenced. Writ appeals dismissed. (¶14, 16)

In the Court's own words

Paragraph 2The question of maintainability is the common issue arisen in both the writ appeals. It is brought to the notice of this Court that respondent banks in both the writ appeals are private sector banks. It is well settled proposition of law that no writ would lie against private banks/companies. Since the common issue of maintainability has been arisen in both writ appeals, cases are taken up together and common order is passed. BRIEF FACTS IN WA.NO.3735 OF 2025:

Paragraph 12Hence in the light of the discussions and reliance placed on the judgements rendered by the Hon’ble Supreme Court, this Court has arrived at a conclusion that mere regulation of Banks by statutory bodies like RBI does not make private sector banks pass the ‘public function' test.

Paragraph 13Pertinently, in the instant cases, there is no case of public function involved. It is purely a dispute between an employer and employee over payment of pension, which by virtue of the employer being a private company/bank should be settled before an appropriate forum/Civil Court. Article 226 of the Constitution of India cannot be employed against a private company, and moreover, the present cases does not qualify the public function test. 6 (2021) 14 SCC 643

Acts & Sections

Article 226 of the Constitution of IndiaSection 5(c)(a) of the Banking Regulation ActRegulation 29 of the Pension RegulationsArticle 21 of the Constitution of India

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Also decided in this judgment

Should a High Court decide the disputed issues on merits where the writ petition is held not maintainable?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections