LAWS(KER)-2007-9-24

ING VYASYA BANK LTD Vs. STATE OF KERALA

Decided On September 27, 2007
ING VYSYA BANK LTD Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is a private sector bank. It has approached this Court seeking the following reliefs:

(2.) The direction sought is against respondents 2 to 11. They are officers of the Police from Inspector General of Police, Police Headquarters, Trivandrum to Sub Inspector of Police. Town Police Station, Kannur etc. The direction sought against those officers is to restrain respondents 12 to 22 who are female nurses, from holding any demonstrations within 100 metres of the premises of the petitioner bank's various offices. No statute has been brought to our notice prohibiting demonstrations within 100 metres of a scheduled bank and entrusting its enforcement to the police. In this jurisdiction, we are concerned only with the failure of duty of the police. Since the petitioner could not show that the police have failed in their duties, the said prayer cannot be allowed.

(3.) The second limb of the prayer is to Take appropriate action against any person violating the provisions of Section 36-AD of the Banking Regulation Act. Section 36-AD of the Banking Regulation Act reads as follows: