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1999 Supreme(Ori) 75

R.K.PATRA, PRADIPTA RAY
UTKAL CO-OPERATIVE BANKING SOCIETY LIMITED – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.S.Naidu, B.R.SARANGI, D.MAHAPATRA, N.R.ROUT, P.K.Rout, R.K.MOHANTY, R.K.RATH, S.MOHANTY, S.S.RAY

R. K. PATRA, J.

( 1 ) THE Utkal Co-operative Banking Society Limited represented through its Secretary has filed this writ petition challenging the validity of the Order No. 188 (Conf.)/ BK. 5 dated 30-12-1998 (Annexure-6) of the Registrar, Co-operative Societies, Orissa, passed under sub-section (7) of Section 32 of the Orissa Co-operative Societies Act, 1962 (hereinafter to be referred as 'the Act') placing its Managing Committee under suspension and appointing opposite Party No. 3 to manage its affairs until further orders. The petitioner incidentally challenges the propriety of letter No. 23395/er-5 dated 30-11-1998 (Annexure-4) by which the Registrar reports about non-compliance of defects by the petitioner as pointed out in the inspection report of the Reserve Bank of India.

( 2 ) IT may be noted that the petitioner in this petitions initially challenged the issuance of the letter at Annexure-4. A Bench of this Court on 22-12-1995 issued rule nisi and by way of interim measure order-4 that no coercive action should be taken pursuant to the aforesaid letter (Annexure-4 ). During pendency of the writ petition, the Registrar passed the impugned order of suspension at Annexure-








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