IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 34528 of 2008() ------------------------- PETITIONER(S): --------------- M.L. RAMAKRISHNAN, S/O. MADAHVAN PILLAI, MANJUSHA BHAVAN, T.C 29/539, KAVARADI JUNCTION, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2. THE GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, 11, PARLIAMENT STREET, NEW DELHI - 110 001. 3. THE SENIOR MANAGER (OPERATIONS), S.B.I CARDS AND PAYMENTS SERVICES LTD., 11, PARLIAMENT STREET, NEW DELHI - 110 001. BY ASG SRI.P.PARAMESWARAN NAIR SC SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34528/2008 -------------------- Dated this the 10th day of December, 2008 JUDGMENT Petitioner is one of the Credit Card holders of respondents 2 and 3. According to him, he had availed facilities in the year 2004 and the amounts due to the Bank, under the Credit Card, had also been remitted. Petitioner submits that in spite of such remittance, the payment was not taken into consideration. Hence the writ petition praying for the following reliefs:- (i). Issue a writ of mandamus or some other writ, order or direction, directing the respondents 2 and 3 to declare that no amounts are due from the petitioner on account of Credit Card No.4317575 025 585853. (ii). Issue a writ of mandamus or any other writ, order or direction to respondents 2 and 3 to inform the said decision to the call centres where they have ontrusted the work of calling the petitioner. W.P.(C).34528/2008 2 (iii). Issue a writ of mandamus or any other writ, order or direction to respondents 2 and 3 to recover dues, if any, by proceeding legally under civil law or other statutes 2. Mr.R.S.Kalkura, learned Standing Counsel for the Bank submits that the Credit Card division is being independently operated and the Bank does not have any pervasive control over the same. Major shareholding is held by another Company and therefore, the writ petition is not maintainable. 3. In my view, the remedy of the petitioner lies before the Civil Court. He is entitled to avail the same. Without prejudice to the right of the petitioner in this regard, writ petition is closed. V.GIRI, Judge mrcs