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2010 Supreme(Guj) 166

SUDHANSU JYOTI MUKHOPADHAYA, AKIL KURESHI
AABEDINBHAI S BALDIWALA – Appellant
Versus
REGISTRAR, CO-OPERATIVE SOCIETIES – Respondent


Advocates Appeared:
MR BS PATEL for Appellant(s) : 1 - 12.
MR AJ DESAI, AGP for Respondent(s): 1,
MR SN SOPARKAR, SR ADVOCATE WITH MR AMAR N BHATT for Respondent(s):2, NOTICE SERVED BY DS for Respondent(s):3,
MR DP KINARIWALA for Respondent(s): 4,

JUDGMENT

1. The appeal is directed against the judgement of Learned Single Judge dated 14.7.2009 passed in Special Civil Application No. 7043/2009.

2. The appellants were the original petitioners. In the petition, they had challenged an order dated 19.12.2008 passed by the Registrar of the Cooperative Societies by which the Board of Directors of Alavi Cooperative Bank Limited, Vadodara( the bank for short) were removed and an administrator was appointed for a period of one year in exercise of powers under Section 115A of the Gujarat Co-operative Societies Act, 1961( the Cooperative Societies Act for short). The petitioners had also challenged a subsequent communication dated 6.5.2009 from the Assistant General Manager of the RBI conveying to the petitioners that their request for restoration of the earlier Board of Directors of the bank has been examined but found not acceptable at present.

3. Facts in short are as as follows :

3.1 The appellants-original petitioners were elected as Directors of the bank in the year 2006 for a period of three years. Petitioner no.1 was elected as the Chairman of the bank and petitioner no.2 was elected as the Managing Director.

3.2 The RBI found that
















































































































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