The petitioner challenged a notice issued by the private banking company HDFC Ltd. The court held that since the entity is not 'State' under Article 12, the writ petition was not maintainable and was dismissed.
The writ petition was dismissed as it was not maintainable against a private bank.
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W.P.(C) No. 6830 of 2019
Heard Mr. Ravishankar Samal, learned counsel for the petitioner and Mr. S.S. Mohanty, learned counsel for the opposite party-Housing Development Finance Corporation Ltd. by Video Conferencing mode.
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It is always open to the petitioner to approach any other legal forum, where remedy lies.
As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020
(Mohammad Rafiq) Chief Justice
(Dr. B.R. Sarangi) Judge
SKJ
2 issues framed by the court
Whether a writ petition can be maintained against a private banking company not covered under the definition of 'State' in Article 12.
Whether the writ jurisdiction can be exercised against a non-State entity like a Housing Development Finance Corporation Ltd.
1 provisions across 1 enactments
Petitioner
Housing Development Finance Corporation Ltd.
Mohammad Rafiq
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
