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2013 Supreme(MP) 297

K.S.Radhakrishnan, Dipak Misra
State of M. P. – Appellant
Versus
Sanjay Nagayach – Respondent


Advocates:
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Dr. Abhishek M. Singhvi for appellant/State; V.K. Bali for appellant in appeal No. 4692/2013; Vivek Tankha for respondent No. 1; Mahavir Singh for interveners.

JUDGMENT

Radhakrishnan, J. 1. Leave granted.

2. We are, in this case, concerned with the legality of an order passed by the Joint Registrar of the Cooperative Societies, Sagar Division, Sagar, M.P., superseding the Board of Directors of District Cooperative Central Bank Ltd., Panna without previous consultation with the Reserve Bank of India, as provided under the second proviso to section 53(1) of the Madhya Pradesh Cooperative Societies Act, 1960 [for short ‘the Act’].

3. The Board of Directors of the Bank challenged the above mentioned order on various grounds, including the ground of violation of the second proviso to section 53(1) of the Act that is non-consultation with the Reserve Bank of India [RBI] before taking a decision to supersede the Board of Directors. The order was challenged by the Board of Directors by filing a writ petition before the High Court of Madhya Pradesh, Jabalpur Bench. Learned single Judge of the High Court disposed of the writ petition directing the parties to avail of the alternative remedy provided under section 78 of the Act. But on appeal, the Division Bench of the High Court set aside the order of supersession dated 30.9.2011 on the ground of non-c


















































































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