LAWS(HPH)-2014-8-6

SANJEEV KUMAR Vs. STATE OF H.P.

Decided On August 04, 2014
SANJEEV KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner has claimed the following substantive reliefs:-

(2.) The moot question as raised by respondent No. 3 by way of preliminary objection is as to whether the petition is maintainable against the H.P. Cooperative Bank (hereinafter to be referred as Bank) against whom primarily the reliefs have been sought.

(3.) Notably the Bank in terms of judgement passed by a learned Division Bench of this Court in Chandresh Kumar Malhotra vs. H.P.State Coop. Bank and others, 1993 2 ShimLC 243has not been held to be a "State" within the meaning of Article 12 of the Constitution and has further not been held to fall within the meaning of other authority for the purpose of Article 226 of the Constitution.