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.