K.S.RADHAKRISHNAN, A.K.Sikri
Soma Suresh Kumar – Appellant
Versus
Government of Andhra Pradesh – Respondent
JUDGMENT
K.S. RADHAKRISHNAN, J.
1. The petitioners, who were erstwhile Directors of Vasavi Cooperative Urban Bank Limited, have approached this Court seeking a declaration that Sections 3, 5, 8 and 9 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (in short “the Andhra Act”) are unconstitutional and violative of fundamental rights guaranteed to them under Articles 14 and 21 of the Constitution of India and also other consequential reliefs.
2. The petitioners were Directors of the above-mentioned bank during the period from 1996 to 2002. Large number of complaints were received from the depositors stating that the Board of Directors of the bank had swindled away the money of the depositors by creating false documents, amounting to crores of rupees. On receipt of the complaints, enquiry was conducted and, ultimately, Joint Registrar of Cooperative Societies and Chief Executive Officer of the bank registered Crime No.8 of 2003 on the file of the CID, Police Station under Section 120(b), 420, 409, 468, 477(A), Indian Penal Code and under Section 5 of the Andhra Act. Criminal case was later investigated by the Deputy Superintendent of Police, STD-II, CI
R.C. Cooper Vs. Union of India (1970) 1 SCC 248 (Paras 4
Greater Bombay Cooperative Bank & Ors. Vs. United Yarn Tex (P) Ltd. & Ors.
Vijay C. Puljal Vs. State of Maharashtra (2005) 4 CTC 705 (Para 10)
Delhi Cloth and General Mills Co. Ltd. v. Union of India (1983) 4 SCC 166 (Para 10)
T. Velayudhan Achari v. Union of India (1993) 2 SCC 582 (Para 10)
New Horizon Sugar Mills Ltd. Vs. Government of Pondicherry (2012) 10 SCC 575 (Paras 11
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