Federal Bank Ltd vs Sagar Thomas & Ors on 26 September, 2003
4.On the other hand, the learned counsel appearing for the
respondent relied on a decision of the Hon'ble Supreme Court in Federal
Bank Ltd v. Sagar Thomas and others [(2003) 10 SCC 733], wherein it
was held that 'a private company carrying on banking business as a
scheduled bank, cannot be termed as an institution or a company
https://www.mhc.tn.gov.in/judis
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carrying on any statutory or public duty; and a private body or a person
may be amenable to writ jurisdiction only where it may become
necessary to compel such body or association to enforce any statutory
obligations or such obligations of public nature casting positive
obligation upon it'; and submitted that this writ petition is not
maintainable. However, the learned counsel submitted that after
prolonged litigation, the newly elected body has taken over the
administration and hence, necessary documents are required for
considering the claim of the petitioner.