HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 5972/2024 Chandmal Kothari ----Petitioner Versus Bhilwara Urban Co-Operative Bank Limited ----Respondent For Petitioner(s) : Mr. Hemant Singh for Mr. Lokesh Mathur For Respondent(s) : Ms. Kamini Joshi HON'BLE MR. JUSTICE SAMEER JAIN

Order

12/03/2026

1. The matter comes up on an application (01/2024) for vacation of stay order dated 15.04.2024.

2. On 10.03.2026, the present matter was listed before this Court and the respondents has raised strong preliminary objection pertaining to maintainability of the writ petition.

3. Qua the respondent-Cooperative Bank, learned counsel has relied upon judgment of Division Bench of this Court passed in Niyamat Ali Versus Sirohi Distt. Commercial Co-operative Bank Ltd., 1993 2 RLW (Raj) 1. The relevant extract of the same is reproduced as under:

"26. Hence, for the reasons mentioned above, we are of the considered opinion that the respondent Bank is neither a State instrumentality nor a State agency nor State within the meaning of Art. 12 of the Constitution. It is also not an authority which discharges such public functions which are akin or have reasonable nexus to the Govt.