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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Amritlal P. Shah – Appellant
Versus
TJSB Sahakari Bank Limited, through it’s Officer – Respondent
| Table of Content |
|---|
| 1. review petition following earlier judgment on bank recovery jurisdiction. (Para 1 , 4) |
| 2. argument on the applicability of rdb act to cooperative banks. (Para 2 , 5 , 6 , 8 , 12 , 13 , 19) |
| 3. constitution bench's interpretation on banking definitions and jurisdiction. (Para 34 , 36 , 40) |
| 4. need for authoritative determination by a larger bench on jurisdiction. (Para 73 , 75) |
| 5. referral to larger bench regarding cooperative bank recovery proceedings. (Para 76 , 78 , 79) |
JUDGMENT :
AMIT BORKAR, J.
1. By judgment and order dated 11 November 2025, the writ petition filed by Respondent No.1 was allowed and the order dated 27 December 2021 passed by the Maharashtra State Cooperative Appellate Court was set aside. Consequentially, the money decree dated 25 October 2017 passed in favour of Respondent No.1 and against the present Petitioner stood restored. The Petitioner, who was the original respondent in the writ petition, has preferred the present review petition seeking review of the judgment dated 11 November 2025. The sole ground urged in the review petition is the order dated 3 November 2025 passed by the learned Single Judge of this Court at the Nagpur Bench in Washim
The jurisdiction of cooperative banks under debt recovery laws remains ambiguous, necessitating authoritative clarification on their status within the Recovery of Debts Due to Banks and Financial Ins....
Cooperative banks are categorized under the Banking Regulations Act, 1949, thereby requiring debt recovery through federal legislation and not state mechanisms.
High Court cannot in exercise of its power under Article 226 of the Constitution of India can direct the bank to positively consider the benefit of one time settlement to writ petitioner.
Multi-state co-operative banks have statutory option under RDB Act to use MSCS Act arbitration for debt recovery from members; SARFAESI enforcement proceedings do not oust it; arbitrator competent to....
(1) Recovery of loan amount – There is no provision in RDB Act by which remedy of a civil suit by a defendant in a claim by bank is ousted, but it is matter of choice of that defendant.(2) There is n....
Point of Law : Section 74A of 1969 Act was incorporated to ensure that benefits of DICGC Act, 1969 were extended to Co-operative Banks as well.
The court ruled that cooperative banks fall within the definition of 'Financial Establishment' under the MPID Act, thereby affirming the Act's applicability to such entities despite their regulation ....
The court established that State legislation under the Maharashtra Co-operative Societies Act can apply to banking cooperatives without infringing on Central jurisdiction, affirming the dual regulato....
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
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