Writ jurisdiction against a private bank can extend to statutory duties and public law obligations, with interim protection granted.

A writ petition may be maintained against a private bank where enforcement of a statutory duty or a public law obligation is sought. Here, the bank's refusal to place notices under Section 160 of the Companies Act, 2013 before the annual general meeting, together with its status as a scheduled bank and the regulatory concerns reflected in intervention under Section 35A of the Banking Regulation Act, 1949, showed both statutory and public law elements. On that basis, the Kerala HC held the writ petitions maintainable and granted interim protection by restraining the bank from concluding the annual general meeting.

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Issues: Whether a writ petition can be maintained against a private bank to enforce statutory and public law obligations, and whether interim protection should be granted by restraining the bank from concluding the annual general meeting.

Analysis: A writ can lie against a private body where enforcement of a statutory obligation or an obligation of public nature is sought. The bank's refusal to place the candidates' notices under Section 160 of the Companies Act, 2013 before the annual general meeting was not disputed. The bank was also a scheduled bank regulated by the Reserve Bank of India, and the record showed regulatory intervention under Section 35A of the Banking Regulation Act, 1949 in relation to governance concerns and appointment of directors. On these facts, the proceedings disclosed both a statutory obligation and a public law element. In that background, interim protection was considered appropriate to preserve the subject matter of the writ petitions.

Conclusion: The writ petitions were maintainable, and interim relief was granted by directing the bank not to conclude the annual general meeting.

Ratio Decidendi: A writ petition may be entertained against a private body when enforcement of a statutory duty or a public obligation is sought, especially where the dispute also involves public interest regulation.

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