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1983 Supreme(Bom) 33

MADON, PENDSE
Saraswat Co-operative Bank Limited – Appellant
Versus
P. G. Koranne – Respondent


Advocates:
A.J. Rana with S.I. Thakor and R.A. Dada; D.R. Dhanuka with S.M. Jhunjunwala and G. Pillai, for Petitioners; M.D. Rijhwani with S.M. Shah and Advocate-General, for Respondents.

Judgement

MADON C.J. :- These three writ petitions under Art.226 of the Constitution of India challenge the constitutionality of S.73BB of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act No. XXIV of 1961) and of the Government Resolution No. CSL 1577/ 14599-15-C dated Sept. 13, 1977 issued by the Agriculture and Co-operation Department of the Government of Maharashtra. As the grounds of challenge in these petitions to the said section and the said Government Resolution are mostly the same, we have thought it convenient to dispose of these three petitions by a common judgment.

2. The Petitioners in Writ Petition No.1440 of 1981 are the Saraswat Cooperative Bank Limited and two of its members and shareholders. In Writ Petition No. 1276 of 1981 the Petitioners are the Bombay Mercantile Co-operative Bank Limited and two of its members and shareholders and in Writ Petition No. 120 of 1980 the petitioners are the Greater Bombay Co-operative Bank Limited and one of its members and shareholders. The respondents in Writ Petitions Nos. 1440 of 1981 and 1276 of 1981 are the Deputy Secretary to the Government of Maharashtra, Agriculture and Co-operation Department, the Deputy R



































































































































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