A.P.SEN, V.BALAKRISHNA ERADI
Balasinor Nagrik Co-operative Bank LTD. – Appellant
Versus
Babubhai Shankerlal Pandya – Respondent
Based on the provided legal document, here are the key points:
JUDGMENT :- The short point involved in this appeal by special leave is whether the failure of the Registrar to communicate his disapproval of a resolution passed by a society expelling a member under sub-s. (1) of S. 36 of the Gujarat Co-operative Societies Act, 1961 within the period of three months as specified therein, entails in the consequence of rendering the Registrar functus officio.
2. By a resolution passed at its general meeting held on September 30, 1982, the Balasinor Nagrik Co-operative Bank Limited., the appellant herein, expelled respondent No. 1 Babubhai Shankerlal Pandya from the primary membership of the society under sub-s. (1) of S. 36 of the Act. On October 6, 1982 the society forwarded a copy of the resolution to the District Registrar as enjoined by the first proviso to S. 36(1). There was no response from the Registrar for a period of three months, in consequence whereof the society on January 24, 1983 addressed a letter to the District Registrar conveying its view that due to his failure to communicate his disapproval within the period specified, the resolution had become effective. Thereupon the Registrar by his letter dated July 15, 1983 expressed his di
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