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august 2001

Supreme Court of India · 2001-08-07

New Bank Of India And Anr. vs Smt. Surinder Kaur

Citation / case number
AIRONLINE 2001 SC 544
Court
Supreme Court of India
Petitioner
New Bank Of India And Anr.
Respondent
Smt. Surinder Kaur
Bench
B.N. Kirpal, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Article 226 of the Constitution by directing the bank to disburse a loan without the required guarantee, which was a condition for the loan. The Court emphasized that the terms of the loan were commercial in nature, and the respondent could not insist on different terms. Consequently, the Supreme Court set aside the High Court's decision and dismissed the writ petition filed by the respondent.

New Bank Of India And Anr. vs Smt. Surinder Kaur · Niyam