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2021 Supreme(Mad) 1443

M.S.SONAK, DAMA SESHADRI NAIDU, BHARATI H.DANGRE
Vassudev Madkaikar – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.D. Lotlikar, Chaitanya Padgaonkar, Jayant Karn.
For the Respondents: Devidas J. Pangam, Sapna Mordekar, Girish Sardessai, Prasanna Chawdikar, S. Bangera, N. Gaonkar.
For the Intervener : Vivek Rodrigues, Vithal Naik.

JUDGMENT :

BHARATI H. DANGRE, J.

1. The cleavage of opinions between the two sets of perspectives on the issue as to whether a 'Goa State Cooperative Bank' is a 'State' within the meaning of Article 12 and whether the said Bank is discharging any public function, so as to render it amenable to the writ jurisdiction of this Court under Article 226 is the issue placed for consideration of this Full Bench.

The two division benches of this Court, in Ganesh Morto Naik vs. Goa State Co-operative Bank Ltd. and in another case of Surendra J. Kalangutkar vs. Goa State Co-operative Bank Ltd. ruled that the Goa State Cooperative Bank Ltd. (hereinafter referred to as GSCB) is a 'State' for the purpose of Article 12 and that since it is discharging public functions, it is amenable to writ jurisdiction under Article 226 of the Constitution of India. On the other hand, the judgment delivered at Aurangabad, in case of Shri Suresh Bhanudas Shinde and Another vs. State of Maharashtra and Others, Writ Petition No. 334 of 2018 has taken a contradictory view, when confronted with the issue whether the District Cooperative Bank Ltd. is a 'State', in the backdrop of the grievances raised by one of its emplo

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