OM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition has been filed against Modi Rubber Ltd. In our opinion no writ lies against Modi Rubber Ltd. as it is a private company. It is well settled that ordinarily no writ lies against private body except a writ of habeas corpus. It has been alleged in paragraph 3 and 4 of the writ petition that more than 50% finance of the respondent company has been taken from financial institutions of the State. In our opinion this will not make the respondent company an instrumentality of the State otherwise almost every private company will have to be treated as an instrumentality of the State because such businesses are usually run after taking finance from the financial institutions of the State or nationalized banks.

(2.) Learned counsel for the petitioner relied on an interim order of this Court in Writ Petition No. 36175 of 2001 dated November 7, 2001. The interim orders are no precedents and hence this has no relevance to this case. As we have dismissed the present writ petition, we direct that the aforesaid Writ Petition No. 36175 of 2001 be listed in the next week.

(3.) Thus is our opinion this writ petition is not maintainable and it is accordingly dismissed.