Unique Case for academic interest , needs your views
The first writ petition filed by the Account holder company against the HSBC was dismissed by the high court saying that the HSBC has acted as a prudent Banker , and the Banking ombudsman was not in error, the Apex Court also declined SLP.
The Second writ petition was filed by drawee of the cheque, another co ordinate bench set aside the order passed by the banking ombudsman and remanded the matter back to Banking Ombudsman to pass order in accordance with law , When HSBC pleaded that the no purpose will be solved by remanding the matter back to Ombudsman as the Banking Ombudsman cannot pass any order contrary to the observation made by another division bench of the this court. The Division bench stated that the earlier writ filed by the account holding company was dismissed not on merits.
My question is that can another division bench say that that the earlier order was not on merits.
Both the case relate to the similar cause of action, orders are attached