The Kerala High Court dismissed a writ appeal filed against an order that had rejected a writ petition against Dhanalakshmi Bank. The court held that no writ lies against the bank following apex court precedents and refused reconsideration despite the appellant being in person. The appeal is dismissed.
Writ Appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931
WA.No. 1463 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.6350/2009 Dated 04/06/2009
APPELLANT/PETITIONER:
--------------
T.S.RAJAMANY, 2/17, NEW SREEVATSAM RAJALAKSHMI COLONY, TVS NAGAR, COIMBATORE - 641025.
BY ADV. SRI.T.S.RAJAMANY(PARTY-IN-PERSON)
RESPONDENTS/RESPONDENTS:
----------------------
1. DHANALAKSHMI BANK, REP. BY ITS CHAIRMAN, CORPORATE OFFICE, THRISSUR - 680 001
2. DHANALAKSHMI BANK, REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, THRISSUR - 680 001.
3. DHANALAKSHMI BANK, REP. BY ITS GENERAL MANAGER, CORPORATE OFFICE, THRISSUR.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
W.A.No. 1463 OF 2009
Dated, this the 8th day of July, 2009
J U D G M E N T
~~~~~~~~~~~~
Balakrishnan Nair, J.
The writ petitioner is the appellant. He has filed this Writ Petition, seeking certain reliefs against the Dhanalakshmi Bank, which is a scheduled bank in the private sector. Finding that no writ will lie against the bank, in view of the decisions of the Apex Court, the writ petition was dismissed. Feeling aggrieved by the said judgment, this Writ Appeal is preferred.
We notice that the learned Single Judge has dismissed the Writ Petition, relying on the decisions of the Apex Court in Federal Bank Ltd. v. Sagar Thomas [AIR 2003 SC 4325], C.J.Thomas v. South Indian Bank Ltd. [1987(1) KLT 101] and State Bank of India v. Antony [2001(2) KLT 316]. We find that the decision of the learned Single Judge is correct. Though the appellant, who appeared in person, wanted reconsideration of the matter, we cannot do that . We are absolutely bound by the decisions of the Apex Court. Accordingly, the Writ Appeal is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps
2 issues framed by the court
Whether a writ can be filed against a scheduled private sector bank.
Whether to reconsider the single judge's dismissal of the writ petition.
Colour shows how this judgement treated each authority
Federal Bank Ltd. v. Sagar ThomasRelied on¶25
Federal Bank Ltd. v. Sagar Thomas [AIR 2003 SC 4325] · Who else cites this
C.J.Thomas v. South Indian Bank Ltd.Relied on¶25
C.J.Thomas v. South Indian Bank Ltd. [1987(1) KLT 101]
State Bank of India v. AntonyRelied on¶25
State Bank of India v. Antony [2001(2) KLT 316]
T.S.Rajamany
Dhanalakshmi Bank
K.Balakrishnan Nair
C.T.Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
