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2007 Supreme(SC) 320

MARKANDEY KATJU, S.B.SINHA
Anilbhai M. Patel – Appellant
Versus
Suryapur Bank Agent D. B. H. Samiti – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. These appeals involving identical questions of law and fact and arising out of the same judgment, were taken up for hearing together and are being disposed of by this common judgment.

3. Appellants herein are Directors of a Cooperative Bank known as the City Cooperative Bank Ltd. A loan was sanctioned by the said Cooperative Bank to Suryapur Cooperative Bank as also one Pragati Alco-Chem Pvt. Ltd. in the year 2002. The Registrar’s Board of Nominees, Surat passed awards for recovery of the amount advanced to the loanees.

4. The Bank, as also its Managing Directors, filed a writ petition wherein rule nisi was issued. An interim relief was also granted. One Suryapur Bank Agent Dainik Bachat Hitvardhak Samiti, respondent No. 1, without approaching the Registrar, for ventilating its grievances in regard to the purported mismanagement of the affairs of the said Bank, filed a writ petition before the High Court of Gujarat at Ahmedabad. Admittedly, no prayer was made therein for appointment of an Administrator. A learned Single Judge of the said Court, however, purported to be keeping in view the fact that the Reserve Bank of India had undertaken a


















































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