If
nature of a Governmental institution not needing to
be registered and not capable of being sued.
that were so one would suppose that any member of
the public doing business with it would do so with
his eyes open and knowing that in case of trouble he
had no legal redress. In these circumstances,
however, one does not see that its competition
with the other Banks could be serious.
It apparently cannot be said to be an
ordinary Bank capable of being registered under
the ordinary law relating to Companies, and it
seems therefore that we must regard it as in the
second category. Subject to any advice which you
can give us we contemplate setting out the position
as far as we can see it roughly on the above lines,
and commenting to the effect that the Governor must
be guided by his legal advisers upon the registration
question and that if the Bank successfully claims
immunity from process in the local Courts, we do
not
23