C o u r t N . 2 2 S l 1 5 1 / C L 24.08.26 D/L Sl-11 Ct. 07 (Samar) WPA 21690 of 2026 Sri Niladri Prasad Banerjee & Anr. Vs. Union of India & Ors. Mr. Swarup Banerjee, Mr. H.C. Yadav, Mr. A. Pal, ….for the petitioners. 1. Affidavit service filed in Court today is taken on record. None appears for the respondents. 2. The petitioner assails the action of the respondent Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. Learned advocate appearing for the petitioners submits that the Bank has acted illegally and de hors provisions of the 2002 Act in taking the impugned action. 4. It is not in dispute that the respondent Standard Chatered Bank Limited is a private Bank. It is now well settled in view of the judgment of the Hon’ble Supreme Court in the case of Federal Bank Limited Vs Sagar Thomas & Ors. reported at (2003) 10 SCC 733 reiterated in S. Shobha Vs Muthoot Finance Ltd. reported at 2025 SCC Online SC 177 that a writ petition cannot be entertained against the action of the private Bank 2 or a private company carrying on banking business as a scheduled Bank since the same cannot be termed as a company carrying on any public function or public duty. 5. In such view of the matter, this writ petition is not entertained. 6. However, this order well not prevent to petitioner from approaching the appropriate forum including the Debts Recovery Tribunal, if the same available to the petitioner, in accordance with law. 7. Accordingly, WPA 21690 of 2026 stands disposed of. No Costs. 8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)