The petitioner challenged a private bank's attempt to seize her commercial vehicle under Article 226. The Court held that the bank is not a 'State' under Article 12 and dismissed the writ petition as not maintainable, relying on the Federal Bank case.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
C O R A M
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.NO.3520 OF 2018
R.Devi
... Petitioner
.Vs.
HDFC Bank Ltd., Rep by the Manager, Salem Branch No.6, 2nd Floor, Raj Bhavan Brindavan Road, Fairlands, Salem - 636 016. ... Respondent
PRAYER:-
Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the respondent not to disposes the commercial vehicle bearing Registration No.TN 46 P 0526 (Engine No:21J63292096) (Chasis No:MAT466388C2JCZJ22572) without due process of law.
For Petitioner : Mr.K.N.Nataraaj
For Respondent : Mr.C.Mohan
ORDER
This Writ Petition has been filed, for the issuance of Writ of Mandamus, directing the respondent not to dispose the commercial vehicle bearing Registration No.TN 46 P 0526 (Engine No:21J63292096) (Chasis No:MAT466388C2JCZJ22572) without due process of law.
2. It is the case of the petitioner that, without following due process of law the respondent attempted to seize the vehicle.
3. The learned counsel appearing for the respondent submitted that the respondent is the private Bank, therefore, the Writ Petition will not lie against the respondent. In this
regard, the learned counsel referred the judgment of this Court made in W.P.No.8804 of 2017 dated 26.07.2016
4. The relevant portion of the order passed by this Court in W.P.No.8804 of 2017 dated 26.07.2016, is extracted hereunder: "8.In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel appearing on behalf of the respondents 4 and 6 and in view of the decisions cited supra, this Court is of the considered view that the present writ petition, filed by the petitioner, is not maintainable. The respondent Bank, being a private entity, does not fall under the definition of "the State", under Article 12 of the Constitution of India. The decision of the Supreme Court in 'Federal Bank Ltd. v. Sagar Thomas lends support to the said proposition. Further, a contract, entered into between the petitioner and the respondent Bank, cannot be enforced, amended or modified, by the directions issued by this Court, under Article 226 of the Constitution of India. In such circumstances, this Court is of the considered view that the writ petition is not maintainable. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed."
5. In view of the above settled proposition of law, this Court is of the view that the Writ Petition will not against the respondent. Hence, this Writ Petition is dismissed. No Costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rst
To
+1cc to M/s.King and Partridge, Advocate, S.R.No.65960
W.P.NO.3520 OF 2018
AD(CO) PBS/29/12/2021
2 issues framed by the court
Whether a writ petition under Article 226 of the Constitution lies against a private bank for attempted seizure of a vehicle without due process of law.
Whether a private bank falls within the definition of 'the State' under Article 12 of the Constitution for purposes of writ jurisdiction.
Colour shows how this judgement treated each authority
W.P.No.8804 of 2017 dated 26.07.2016Referred¶19
Federal Bank Ltd. v. Sagar ThomasReferred¶20
Federal Bank Ltd. v. Sagar Thomas
R.Devi
HDFC Bank Ltd.
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishnan Ramasamy
Parties & counsel
