IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6199 of 1984 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- S.J.GOSWAMI & ANR. Versus STATE OF GUJARAT & OTHERS -------------------------------------------------------------- Appearance: None present for the Petitioners None present for Respondent No. 1 MR SI NANAVATI for Respondent No. 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 10/10/96 C.A.V. JUDGEMENT 1. Perused the Special Civil Application and heard learned counsel for the respondents. The counsel for the respondents no.2 and 3 contended that the Vijaya Mills Co. Ltd. has gone into liquidation, and as such, this petition is not maintainable in view of the provisions of sec. 446 of the Companies Act, 1956. In support of his contention, the counsel for the respondent places reliance on the decision of the Supreme Court in the case of Sudarshan Chits (I) Ltd. vs. O. Sukumaran Pillai reported in AIR 1984 SC 1579. 2. It is not necessary to go on this question in this Special Civil Application. This Special Civil Application is otherwise also not maintainable as the Vijaya Mills Co. Ltd., which is a company registered under the provisions of the Companies Act, 1956 is not a State or agency or instrumentality of the State within the meaning of Article 12 of the Constitution of India. It is a case of termination of the services of the petitioner made by the Company which is not amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India. The relief prayed for in this Special Civil Application by the petitioner is only against the respondents no.2 and 3. This Special Civil Application is dismissed only on this ground. Rule discharged. ********** zgs/-