IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 1680 of 2011(H) ------------------------- PETITIONER(S): --------------- KUNNIRIKKA SERVICE CO-OPERATIAVE BANK LTD., PATHRIYAD, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.C.P.PEETHAMBARAN SRI.K.SATHYAN RESPONDENT(S): --------------- 1. THE COMMISSIONER OF INCOME TAX (CIB), KOCHI- PIN 682 031 2. THE ASSISTANT DIRECTOR OF INCOME TAX, (INV.), 8TH FLOOR, AAYAKAR BHAVAN, NORTH BLOCK, KOZHIKODE-673 001 ADV. MR. JOSE JOSEPH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.1680 OF 2011 --------------------------------------- Dated this the 18th day of January, 2011 JUDGMENT The petitioner is a Co-operative Bank. They are aggrieved by the direction of the Income Tax Department to furnish details of depositors having more than Rs.1 lakh deposit with the bank. According to the petitioner, if such information is divulged, it will affect the confidentiality of the transactions between the bank and the depositors, which would be detrimental to the very existence of the co-operative banking movement itself. 2. I have heard the learned Standing Counsel for the Income Tax Department. The learned Standing Counsel submits that in respect of a similar case, the Supreme Court has granted a stay in SLP No.3976/2010 against a judgment of this Court in W.A.No.1854/2009 in which a similar challenge was upheld. He further submits that in view of the said order, this writ petition may be disposed of without prejudice to the right of the Income Tax Department to take further action in accordance with the W.P.(C)No.1680/10 2 orders to be passed in the said SLP. 3. Having heard both sides, I dispose of this writ petition with the following directions: Till a decision is taken by the Supreme Court in SLP No.3976/2010 or the interim order therein is vacated, the respondents shall not enforce Ext.P1 order or similar notices against the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1680/10 3