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2006 Supreme(Ker) 260

V.K.BALI, J.B.KOSHY
Cherukode Co-op. Rural Bank Ltd. – Appellant
Versus
Parur Service Co-op. Bank – Respondent


Judgment :-

J.B. Koshy, J.

In these group of cases, the main question to be decided is whether Co-operative banks are liable to comply with the directions of the reserve bank of India issued from time to time. W.A.No.707 of 2003 was filed by Wandoor Service Co-operative Bank Limited against the judgment of the learned single Judge in O.P.No.26589, of 2002. The above O.P. was filed for a declaration that the registration of Wandoor Co-Co-operative Rural Bank Ltd., fourth, respondent in the O.P. in violation of the provisions of the Banking Regulation A ct, 1949 (in short B. R. Act) and not to permit the fourth respondent to function as a Rural Bank. The learned single Judge found that the fourth respondent was not a primary agricultural credit co-operative society as defined under S.2(c) of the Co-operative Societies Act as the bye-laws would show that it was for providing credit facilities for industry, education, trade and employment and the above Rural Cooperative Bank is, in fact, an Urban Co-operative Bank and licence from the Reserve Bank of India was necessary for functioning of the above bank. As per S.22 read with S.56 of the Banking Regulation Act (for short ''the Act''), n





















































































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