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1986 Supreme(Guj) 67

A.P.RAVANI, R.A.MEHTA
STATE OF GUJARAT – Appellant
Versus
CENTRAL BANK OF INDIA,ahmedabad – Respondent


Advocates Appeared: M.C.PATEL, M.S.SANGHVI

A. P. RAVANI, J.

( 1 ) IN the annals of history it is difficult to discover a dictator a feudal lord or a monarch who openly discarded `public interest and asserted his legal right to rule the people and consider `public interest as irrelevant. Even military dictators while exploiting the people and inflicting miseries on them they cover their faces by the veil of `public interest. But in a democracy wedded to welfare of the people and where the Constitution of the country has promised the people to establish an egalitarian society based on socialist principles a nationalised bank (which is `state within the meaning of Article 12 of the Constitution) asserts through its Senior Counsel (Mr. M. S. Sanghvi) that the Bank is under no legal obligation to take into consideration `public interest while executing a money decree and therefore it shall disregard the same. Shocking as it is this is the stand of the Bank and not a mere legal point raised by an attorney of the Bank. Therefore while complementing the Bank for being candid in its stand we do feel dismayed and pose a question to ourselves-`if the State disregards `public interest can the goal of establishment of a socialist society



































































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