The High Court of Bombay dismissed the writ petition filed by a depositor against a cooperative bank. The court held that the petition is not maintainable as cooperative banks do not fall under the definition of 'State' under Article 12.
The writ petition is not inclined to be entertained and is disposed of in those terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
17.WP 4381-18.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4381 OF 2018
Naina Dinesh Agrawal ...Petitioner vs. The Hindustan Co-operative Bank Ltd. ...Respondent -------
Mr. Mayur V. Faria for the petitioner. Mr. V.C. Ghosalkar for the respondent.
CORAM : A.A. SAYED & M.S. KARNIK, JJ. DATE : JULY 17, 2018
P.C.:
The Respondent is Co-operative Bank registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. Learned Counsel for the Respondent – Bank has relied upon the judgment of the Full Bench of this Court in the case of Shamrao Vithal Co-operative
Bank Ltd. & another Vs. Padubidri Pattabhiram Bhat & another, 1993
(1) MhLJ 1 which holds that a Co-operative Society does not fall within the expression “State” under Article 12 of the Constitution and a Writ Petition would not be maintainable. He submitted that there are other claimants to the Fixed Deposit amount and Saving Account amount in question who have not been made parties to the Writ Petition.
2. In view of the above, we are not inclined to entertain the Writ Petition. It would be open for the Petitioner to adopt appropriate remedy as available in law.
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17.WP 4381-18.doc
DDR
3. The Petition is disposed of in the aforesaid terms.
(M.S. KARNIK, J.)
(A.A. SAYED, J.)
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3 issues framed by the court
Whether a writ petition filed by a depositor against a cooperative bank is maintainable.
Whether a cooperative bank falls within the expression 'State' under Article 12 of the Constitution.
Whether the writ petition is maintainable given that there are other claimants to the deposits who have not been made parties.
Colour shows how this judgement treated each authority
Shamrao Vithal Co-operative Bank Ltd. & another Vs. Padubidri Pattabhiram Bhat & anotherReferred¶9
Shamrao Vithal Co-operative Bank Ltd. & another Vs. Padubidri Pattabhiram Bhat & another, 1993 (1) MhLJ 1 · Who else cites this
1 provisions across 1 enactments
Naina Dinesh Agrawal
The Hindustan Co-operative Bank Ltd.
A. A. Sayed
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
