IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18756 of 2008(G)
1. A.J.JOSEPH ,S/O. JOSEPH, AGED 50 YEARS
... Petitioner
Vs
1. FEDERAL BANK LTD., REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.A.C.DEVASIA
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :23/06/2008
O R D E R
S.SIRI JAGAN, J
==================
W.P (C) .No.18756 of 2008
==================
Dated this the 23rd day of June, 2008.
J U D G M E N T
The petitioner obtained a loan from the respondent, in
respect of which there were suits and execution petitions.
The petitioner now seeks a direction to the respondent to
return the warehouse receipt deposited by the petitioner in
the loan transaction.
The Federal Bank is not a nationalised bank. It is a
private scheduled bank. As such, it is not a State or other
authority coming within the purview of the definition of
“State”, in Article 12 of the constitution of India. In this
particular transaction, the respondent is not exercising any
public function also. Therefore, I do not think that the
petitioner can maintain a writ petition under Article 226 of
the Constitution of India for the reliefs prayed for in this
W.P (C) .No.18756 of 2008 – 2 –
writ petition against the respondent. The petitioner’s
remedy lies elsewhere. Accordingly, without prejudice to
the right of the petitioner to seek appropriate other
remedies, this writ petition is dismissed.
S.SIRI JAGAN, JUDGE
rhs