IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 23976 of 2008(P) -------------------------- PETITIONER: ---------------- M.T.MUHAMMED KUNHI HAJI S/O. ABDUL RAHMAN, THEKKIL FERRY KASARAGOD. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: ----------------- 1. THE FEDERAL BANK LTD., POST BOX NO.103 FEDERAL REGISTERED OFFICE, ALUVA 2. THE MANAGER THE FEDERAL BANK LTD., REGIONAL OFFICE, KOZHIKODE. 3. THE MANAGER FEDERAL BANK LTD., KANNUR BRANCH 4. RESERVE BANK OF INDIA, ERNAKULAM BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.23976 OF 2008 ---------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT The petitioner is a defaulter in repayment of amounts due under an overdraft facility given by the Federal Bank Limited. The petitioner seeks the following reliefs in the writ petition. “i) issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent-Bank to grant the maximum benefit by considering the Ext.P1 representations; ii) issue a writ of certiorari or any other appropriate writ, direction or order quashing Ext.P2 notice issued by the 3 rd respondent Bank taking into account of the payment of the amount paid as interest towards bank for Rs.1 crore 3 lakhs and odd in the part; iii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondent-Bank to issue detailed statement of accounts to the petitioner; iv) declare that the petitioner is entitled to get the maximum benefit from the respondent-Bank on the basis of the guidelines issued by the Reserve Bank of India; The Supreme Court has held that the Federal Bank Limited will not come within the purview of the State or other authority W.P.(c)No.23976/08 2 as defined in Article 12 of the Constitution of India in so far as it is only a scheduled bank with private share holding. The relationship between the petitioner and the Bank is purely a contractual one and no public function on the part of the respondent is involved in the same. That being so, this writ petition is not maintainable under Article 226 of the Constitution of India and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.23976/08 3