This order notes the disposal of a PIL alleging fraud against a cooperative bank. The bench found alternate remedies available after a revision application quashed pending proceedings and did not comment on merits.
PEL dismissed; petitioners directed to seek alternate remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.42 OF 2013
Vikrant Dattaram Harawade and others v/s
...Petitioners
The Kunbi Co-operative Bank Ltd. and others ...Respondents
Mr P.M. Patil for Petitioners.
Mr Vijay Patil i/b Mr S.G. Bane for Respondent Nos.1 and 2. Ms Gauri Rao, AGP for Respondent Nos.3 and 4.
CORAM : NARESH H. PATIL AND B.P. COLABAWALLA JJ.
DATE : 01ST OCTOER 2014.
P.C. :-
against Respondent Nos.1 to 3 and other members of the Board of Directors for alleged fraud and malpractice. The learned counsel for the Petitioners states that several irregularities were found to have been committed by the Respondent No.1 Bank. Crores of rupees were spent on the disbursement on account of sanction of loan. Several complaints were made to the authorities including the Reserve Bank of India. The Reserve
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Bank of India issued necessary instructions in this regard. Consequently, enquiry under section 83 of the Maharashtra Cooperative Societies Act 1960 was initiated. The Petitioners prayed for stringent action against the Board of Directors of the Respondent Bank. The affidavit in reply was filed by one Nilesh Bhikaji Naik, Special Auditor, Class I, Co-operative Societies, Mumbai. A communication made by the Commissioner for Cooperation and Registrar of Cooperative Societies, Maharashtra State, Pune addressed to the Reserve Bank of India dated 14th April 2014 is annexed to the affidavit in reply alongwith the order passed by the learned Single Judge of this Court in Writ Petition No.4583 of 2014. We have perused the same. Additional affidavit was also filed by the Special Auditor. The Additional affidavit in reply was filed by the Special Auditor to contend that the revision has been preferred against the initiation of proceedings under section 83 of the MCS Act 1960 and an order to enquire into the affairs was also passed under the said Act.
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an order passed by the Hon'ble Minister on 12th September 2014. The Revision Application was allowed and the report under section 83 is quashed and initiation of proceeding under section 88 is also quashed.
( B.P. COLABAWALLA J. ) ( NARESH H. PATIL J. )
Vikrant Dattaram Harawade and others
The Kunbi Co-operative Bank Ltd.
Naresh H. Patil
B. P. Colabawalla
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
