JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The preliminary question which arises in this petition is that whether the writ petition would lie against the respondent HDFC Bank which is admittedly a private Corporate Bank registered under the Companies Act and has not been incorporated under a Statute. Learned counsel for the petitioner was confronted with the Full Bench Judgment of this Court in the case of Gopal Prasad Varshney Versus Bank of Rajasthan Ltd., 2009 (2) ILR (Raj.) 601, wherein Full Bench of this Court held that writ petition would not be maintainable against a Bank incorporated under the Companies Act namely Bank of Rajasthan. Learned counsel for the petitioner submits that the judgment passed by the Supreme Court in M/s. Zee Tele Films Ltd. and Another vs. Union of India and Others, AIR 2005 Supreme Court 2677, has held as under:-

"33. Thus, it is clear that when a private body exercises its public functions even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also under the Constitution, by way of a writ petition under Article 226. Therefore, merely because a nongovernmental body exercises some public duty that by itself would