2004 (2) TMI 378 - SC - Companies Law

Whether under the law of torts the claimants in rail-motor collisions can claim that the obligations of the Railway under the statute as well as under common law will run concurrently? What are the common law duties of the Railways at level-crossings and whether the Railway is bound to take cognizance of the increase in the volume of traffic and ought to have installed gates and kept a watchman at the level-crossing ? Whether a public authority upon whom powers are conferred by statute to exercise discretion for benefit of the public can be said to be under a duty of care so that omission to exercise that power could be treated as negligence at common law giving a right to compensation? If not, whether there are any exceptions to the rule that a statutory may can never give rise to a common law ought ? What is the effect of the omission of the Railways to exercise power under section 13(c) and (d) ? Held that - Appeal dismissed. There are no proper averments. There is absolutely no averment regarding bad faith. It was fairly admitted by Mr. Lalit that there is no case made out on the basis of public misfeasance. He fairly stated that at the highest the case could only be that of a violation of statutory duties. However, as observed above, compensation for violation of a statutory duty to enable individuals to recoup financial lone has never been recognized in India. In our view the Petitioners having chosen on their own to deposit amounts with the SBL cannot claim to recover against RBI. In such a case the loss has to be allowed to fall where it falls.

Summary

Issues Involved:
1. Challenge to the Scheme by the Reserve Bank of India (RBI)
2. Request for repayment to depositors of Sikkim Bank Ltd.
3. Responsibilities and duties of RBI under the Banking Regulation Act
4. RBI's decision to allow Sikkim Banking Limited (SBL) to open a branch in Delhi
5. Allegations of negligence and duty of care by RBI
6. Applicability of legal precedents and principles to financial transactions
7. Liability of RBI to repay depositors
8. Adequacy of averments and claims in the writ petition

Detailed Analysis:

1. Challenge to the Scheme by the Reserve Bank of India (RBI):
The writ petition challenged a scheme framed by the RBI. However, the petitioners did not contest the scheme itself but sought a writ of mandamus directing the respondents to repay the petitioners and other fixed deposit holders of the erstwhile Sikkim Bank Ltd. in full, including the principal along with the contract rate of interest (14% p.a.).

2. Request for Repayment to Depositors of Sikkim Bank Ltd.:
The petitioners demanded full repayment of their deposits with Sikkim Banking Limited (SBL). The facts revealed that SBL was registered as a company in Sikkim in 1985, and the Banking Regulation Act became applicable to Sikkim in 1987. Despite operational deficiencies and financial shortcomings identified by the RBI, SBL continued its banking operations due to the proviso in Section 22 of the Act.

3. Responsibilities and Duties of RBI under the Banking Regulation Act:
The Banking Regulation Act empowers RBI to control banking companies and ensure their operations do not harm depositors' interests. Despite identifying deficiencies in SBL's functioning, RBI allowed SBL to open a branch in Delhi in 1997. The petitioners argued that RBI failed to fulfill its statutory duties by permitting SBL to operate without a proper license and by not warning the public about SBL's financial instability.

4. RBI's Decision to Allow Sikkim Banking Limited (SBL) to Open a Branch in Delhi:
RBI permitted SBL to open a branch in Delhi despite its operational deficiencies and financial shortcomings. The petitioners argued that this decision enabled SBL to deceive innocent depositors. They contended that RBI should have ensured SBL's financial soundness before granting such permission.

5. Allegations of Negligence and Duty of Care by RBI:
The petitioners relied on legal precedents, such as Union of India v. United India Insurance Co. Ltd. and Anns v. Merton London Borough, to argue that RBI had a duty of care to depositors. They claimed that RBI's failure to act on SBL's deficiencies and allowing it to solicit deposits constituted negligence, warranting compensation to depositors.

6. Applicability of Legal Precedents and Principles to Financial Transactions:
The court examined whether principles from cases involving infringement of life and liberty under Article 21 could be applied to financial transactions. The court found that such principles do not extend to financial losses incurred in transactions undertaken by individuals seeking higher returns. The court referred to cases like Yuen Kun-yeu v. A-G of Hong Kong and Davis v. Radcliffe, which held that regulatory authorities are not liable for financial losses due to their supervisory functions.

7. Liability of RBI to Repay Depositors:
The court concluded that imposing liability on RBI for SBL's default would be unjust. RBI's role is to balance public interest with the needs of banks and financial institutions, and closing a bank has far-reaching implications. The court held that RBI did not have day-to-day control over SBL and that the relationship between RBI and SBL's depositors did not warrant imposing liability on RBI.

8. Adequacy of Averments and Claims in the Writ Petition:
The court found the petitioners' averments insufficient, noting the absence of allegations of bad faith or public misfeasance. The court emphasized that compensation for violation of statutory duties leading to financial loss has not been recognized in India. The petitioners, having chosen to deposit with SBL, could not claim recovery from RBI.

Conclusion:
The writ petition was dismissed, with the court finding no substance in the claims. The court sympathized with the depositors but held that the principles applied in cases of life and liberty infringement could not be extended to financial transactions. The court also highlighted the need for a specialized cell to investigate and prosecute financial frauds.