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1997 Supreme(Online)(SC) 23

SUPREME COURT
, J
Goa State Cooperative Bank Ltd. v. Pedne Taluka Prathamik Shikshak Pat Saunstha Ltd. and Others


Advocates:
For the Appellants/Petitioners: Shri Anil B. Divan
For the Respondents: Shri Mukul Mudgal, Shri Khanwilkar

1 Leave granted.

2 We have heard the counsel on both sides.

3 This appeal by special leave arises from the judgment and order of the Bombay High Court, Panaji Bench, dated April 26,1996 made, in WP No. 145 of 1996. It is not necessary to dilate upon the entire controversy that has arisen between the parties. Suffice it to state that on September 20, 1996, this Court, after hearing all the counsel, passed the following as:
"It is now an admitted position that the appellant - Bank is neither National Cooperative Society, nor Statewide notified Cooperative Society falling under S.35 of Multi State Cooperative Societies Act , 1984. In that perspective the only procedure for conducting the election to other Societies is as per Para.8 of the Schedule which envisages conducting of elections in accordance with the procedure prescribed therein. It is not in dispute that the General Body of the Society resolved to adopt Para.2 to 7 of the Schedule for conducting elections to the society and resolution to that effect was passed and also the Bye laws were amended. The area of controversy is whether the amended Bye laws have been approved by the Registrar. The High Court has proceeded on the pre








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