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september 2003

Supreme Court of India · 2003-09-26

Federal Bank Ltd vs Sagar Thomas & Ors

Citation / case number
AIR 2004 SUPREME COURT 3264
Court
Supreme Court of India
Petitioner
Federal Bank Ltd
Respondent
Sagar Thomas & Ors
Author
Brijesh Kumar
Bench
Brijesh Kumar, Arun Kumar

Judgment text excerpt

The Supreme Court held that the Federal Bank, being a private entity incorporated under the Indian Companies Act, 1913, does not fall under the definition of 'State' or 'other authority' as per Article 12 of the Constitution of India, thus making a writ petition under Article 226 against it not maintainable. The Court distinguished the case from U.P. State Co-operative Land Development Bank Ltd. vs. Chandra Bhan Dubey & Ors., emphasizing that the Federal Bank's operations, while significant, do not equate to public duties as defined in constitutional terms. The appeal by the Federal Bank was allowed, overturning the High Court's decision that deemed the writ petition maintainable.

Federal Bank Ltd vs Sagar Thomas & Ors · Niyam