RBI Circular no defence for reducing interest on Court-attached FDR to 3.5 % without notice: Delhi HC
- Case
- Not stated in source
- Court
- High Court of Delhi
- Bench
- Not stated in source
- Citation
- Not stated in source
- Source
- SCC Times
The Delhi High Court held that a bank cannot unilaterally reduce the interest rate on a court-attached fixed deposit without notifying the affected parties or obtaining the Court’s directions. The Court upheld the Single Judge’s order directing payment of interest at the higher rate, rejecting an RBI Circular as a defence for the reduction.
Ratio Decidendi · Legal Principle Established
A bank cannot unilaterally reduce the interest rate on a fixed deposit attached to a court proceeding without prior notice to the affected parties or explicit directions from the court.
Practice & Procedural Impact for Advocates
Advocates should ensure that banks holding court-attached fixed deposits provide notice before altering interest rates. Litigants should challenge any unilateral reduction in interest rates on court-attached FDRs if prior notice or court approval was not obtained.
Key Legal Takeaways
- 1Banks must notify parties and seek court directions before changing interest rates on court-attached FDRs.
- 2Unilateral reduction of interest on court-attached FDRs is impermissible.
- 3RBI Circulars do not override the requirement for court approval or notice in such matters.