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2009 Supreme(Guj) 611

M.S.SHAH, K.M.THAKER
ASHOKBHAI D NAIK – Appellant
Versus
RESERVE BANK OF INDIA – Respondent


Advocates appeared:
MR MIHIR JOSHI, SENIOR ADVOCATE, WITH MS ANUSHREE KAPADIA for Petitioner(s): 1,
MR S.B.VAKIL, SENIOR ADVOCATE, WITH MR. HV CHHATRAPATI for Respondent(s): 1,
MR KETAN A DAVE for Respondent(s): 2,
(MR MI PATEL) for Respondent(s): 3,
MR RAVINDRA SHAH for Respondent(s): 3,
MR AJ PATEL for Respondent(s): 4,
MRS VS PATHAK AGP for Respondent(s): 5,
MR VIBHUTI NANAVATI for Respondent(s): 6,

JUDGMENT

HONOURABLE MR. JUSTICE K.M.THAKER

1. It emerges from the averments made by the petitioner and the diverse relief/s prayed for, that upon being perturbed and feeling aggrieved by the functioning and the state-of-affairs of the respondent No.3-General Co-operative Bank Ltd. (hereinafter referred to as “the respondent No.3 Bank”), the petitioner had represented before the respondent No.1-Reserve Bank of India (hereinafter referred to as “RBI”) to take action against the respondent No.3 Bank and since, in the petitioner”s opinion, any action to safe-guard the interests of the respondent No.3 Bank and its shareholders, members and the depositors were not being taken by the RBI, the petitioner preferred present petition under Article 226 of the Constitution of India and sought directions against RBI requiring it to take actions against the respondent No.3, a Co-operative Bank.

1.1 It also comes out from the petition that in light of RBI's Inspection Report (at Annexure-A) and on the basis of the petitioner’s representation dated 12.09.1989 urging RBI to take action thereon, present petition came to be filed on 19.02.1990 against the inaction on the part of respondent No.1 ”RBI”








































































































































































































































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