BHASKAR BHATTACHARYA, J.B.PARDIWALA
Administrator - Shri Dhakdi Group Co-operative Cotton Seed – Appellant
Versus
Union of India – Respondent
Bhaskar Bhattacharya, CJ.—All these Special Civil Applications were heard together as the following questions arise for consideration in all these Special Civil Applications:—
(a) Whether the ratio laid down by a three-judge-bench of the Hon’ble Supreme Court of India in the matter of Greater Bombay Co-operative Bank Ltd. vs. United Yarn Tex Pvt. Ltd. reported in (2007) 6 SCC 236 was considered, interpreted and appreciated in the appropriate perspective by the respondents?
(b) Whether the reasoning and analogy applied by the Hon’ble three-judge-bench of the Supreme Court of India in Greater Bombay Co-operative Bank Ltd. vs. United Yarn Tex Pvt. Ltd. (Supra), in holding that the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, [RDBI Act and/or DRT Act, hereafter] will not apply to Co-operative Societies, should apply to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [Securitization Act and/or Sarfaesi Act, hereafter]?
(c) Whether the notification dated 28th January 2003 issued by the Central Government purportedly under the exercise of its power under Section 2(1) (c) (v) of the Secu
Greater Bombay Co-operative Bank Ltd. vs. United Yarn Tex Pvt. Ltd. (2007) 6 SCC 236
Hafiz Zakir Hussain vs. Akola Janta Commercial Co-operative Bank Ltd. AIR 2008 MP 193
Union of India and another vs. Delhi High Court Bar Association and others AIR 2002 SC 1479
State of Uttaranchal vs. Balvant Singh and others
United Bank of India vs. Satyawati Tondon AIR 2010 SC 3413
Transcore vs. Union of India and another AIR 2007 SC 712
Hafiz Zakir Hussain vs. Akola Janta Commercial Co-operative Bank Limited AIR 2008 MP 193
Nakodar Hindu Urban Co-operative Bank Limited, Nakodar vs. Deputy Registrar, Co-operative Society
Kheralu Nagarik Sahakari Bank Ltd. vs. State of Gujarat 1998 (2) GLR 1517
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