JUDGMENT - LODHA R.M., J.:---The important yet interesting question pertaining to legislation by incorporation has been raised in this writ petition. The question is: whether in section 2(e) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, "Act of 1993") which says that "banking company" shall have the meaning assigned to it in Clause (c) section 5 of Banking Regulation Act, 1949, the Co-operative bank is included by virtue of section 56(a)(i) of Banking Regulation Act which provides that unless context otherwise requires, reference to "Banking Company" shall be construed as reference to "Co-operative Bank".

2. The aforesaid question arises in the facts and circumstances which we very briefly narrate hereinafter. The Shamrao Vithal Co-operative Bank Ltd. a Scheduled Multi-State Co-operative Bank is the 1st petitioner in the writ petition. M/s. Star Glass Works respondent No. 1 is a partnership firm registered under the Partnership Act, 1932 carrying on the business of manufacturing of Glass Containers for cosmetics, foods, beverages and pharmaceutical industries. Respondent Nos. 2 and 3 are the partners of the 1st respondent partnership firm. Th

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