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2023 Supreme(Gau) 1487

SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Guwahati Co-Operative Urban Bank Ltd. , Rep. By Its Chairman – Appellant
Versus
Anil Kumar Kalita, S/o. Lt. Sonaram Kalita – Respondent


Advocates Appeared:
For the Appellants :Mr. K.N. Choudhury, Senior Advocate, assisted by Mr. J. Patowary, Advocate.
For the Respondents:Mr. J.I. Barbhuiya and Mr. L. Mohan, Advocates, Mr. S.K. Talukdar, Standing Counsel, Cooperation Department.

JUDGMENT :

[Sandeep Mehta, C.J.]

Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. J. Patowary, learned counsel for the appellants. Also heard Mr. J.I. Barbhuiya, learned counsel representing the respondent No.1 and Mr. S.K. Talukdar, learned standing counsel, Co-operation Department, representing the respondent Nos.2, 5, 6 & 7.

2. The instant intra-Court writ appeal poses question to the legality and validity of the judgment & order dated 25.08.2023 passed by the learned Single Judge in WP(C) No.5940/2021 filed by the private respondent No.1, whereby the resolution adopted in the Annual General Meeting (for short, “AGM”) held on 18.09.2020 of the Guwahati Co-operative Urban Bank Limited as well as the approval granted by the Co-operation Department to such resolutions adopted in the aforesaid AGM were declared to be invalid and were quashed. Consequently, the Registrar of Co-operative Societies was also directed to take action in terms with Section 41(6) of the Assam Co-operative Societies Act, 2007 (for short, “the Act of 2007”).

3. The legal issue involved in the matter revolves around interpretation of the provisions contained in Sections 33 and 34 of the Act of

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