Partly allowed

Guruvayoor Co.Op.Urban Bank Ltd. v. Jt.Registrar of Co.Op.Societies(Gen)Tsr

Kerala HC19 Sept 2008WP(C)/174/2006

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Joint Registrar of Cooperative Societies to reconsider the refusal to register bye-law amendments proposed by the petitioner bank, to issue notice, and to pass a reasoned order within two months.

What did the court decide?

Direction to the 1st respondent to consider the bye-law amendments afresh with notice to the petitioner and pass a speaking order within two months.

Guruvayoor Co.Op.Urban Bank Ltd. Vs Jt.Registrar of… — Cooperative Societies | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

¶4

FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930

¶5

WP(C).No. 174 of 2006(U)

¶6

-----------------------------------

¶7

PETITIONER:

¶8

-------------------

¶9

GURUVAYOOR CO-OPERATIVE URBAN BANK LTD. NO.F.1652, GURUVAYOOR P.O. REPRESENTED BY ITS GENERAL MANAGER.

¶10

BY ADV. SRI.D.SOMASUNDARAM.

¶11

RESPONDENT:

¶12

---------------------

¶13

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), THRISSUR.

¶14

GOVERNMENT PLEADER SRI. MOHAMMED ANZAR.

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

W.P.(C). NO.174/2006-U:

¶17

APPENDIX

¶18

PETITIONERS' EXHIBITS:

¶19

EXT.P.1: COPY OF THE DECISION DTD. 20/07/2005 OF THE RESPONDENT.

¶20

EXT.P.2: COPY OF THE FORMAL ORDER REGARDING THE AMENDMENTS OF BYELAW DT. 29/07/2005.

¶21

EXT.P.3: COPY OF THE RELEVANT PORTION OF THE REPORT PASSED BY THE GENERAL BODY.

¶22

RESPONDENTS' EXHIBITS:

¶23

EXT.R1.A: COPY OF THE COMMUNICATION NO. PCB.CIR.POT 39/09 103 01/2001-02 DTD. 5TH APRIL 2002.

¶24

EXT.R1.B: COPY OF THE PROPOSED AMENDMENT AGAINST THE CO-OPERATIVE PRINCIPLES AND AGAINST THE PROVISION EXISTING BYE LAW CLAUSE NO.25 (1).

¶25

EXT.R1.C & R1.D: COPY OF THE LETTER SEND TO DISTRICT CO-OPERATIVE BANK AND CIRCLE CO-OPERATIVE UNION.

//TRUE COPY//

P.A. TO JUDGE.

prv.

KURIAN JOSEPH, J.

¶30

- - - - W.P(C).No. 174 OF 2006

¶31

- - - - Dated this the 19^th day of September, 2008

¶32

JUDGMENT

¶33

Petitioner is aggrieved by Ext.P2 order passed by the 1^st respondent to the extent the 1^st respondent has refused to register the amendments to the bye-laws. It is seen that no reasons whatsoever has stated in the rejection. There will be a direction to the 1^st respondent to consider the matter afresh with notice to the petitioner and pass a speaking order with regard to the amendments proposed in respect of Clauses 10, 28 and 30, within a period of two months from the date of receipt of a copy of this judgment.

¶34

(KURIAN JOSEPH, JUDGE)

¶35

ttb

Guruvayoor Co.Op.Urban Bank Ltd. v. Jt.Registrar of Co.Op.Societies(Gen)Tsr

Case brief

What is this about?

What did the court decide?

Guruvayoor Co.Op.Urban Bank Ltd. v. Jt.Registrar of Co.Op.Societies(Gen)Tsr

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

National Thermal Power Corpn. Ltd. Vs Bindu

N~M.Karthikeyan Vs the Commissioner of Excise

P.D.Thomas & Anothers Vs Kerala Water Authority & Others

Ajitha Vs State of Kerala

Sreekumari Vs P.K.Anil

T.R.Balakrishnan Vs State of Kerala