W.P.(C)--12817/2019. Case: JAMIA COOPERATIVE BANK LIMITED Vs. GOVT. OF NCT OF DELHI AND ANR.. High Court of Delhi (India)
| Case Number | W.P.(C)--12817/2019 |
| Citation | NA |
| Judgement Date | December 05, 2019 |
| Court | High Court of Delhi (India) |
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12817/2019 and CM APPL. 52336/2019 (stay) JAMIA COOPERATIVE BANK LIMITED ..... Petitioner
Through : Mr. Sudhir Nandrajog, Sr. with Mr. Tarique Siddiqui, Mr. Rakesh Kumar, Ms. Gupta and Mr. Aamir Advocates.
versus
GOVT. OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Gautam Narayan, with Ms. Dacchita Shahi Ms. Shivani Vij, Advocates R1 and R2.
CORAM:
JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH
O R D E R % 05.12.2019 Dr. S. Muralidhar, J. :
-
Notice. Mr. Gautam Narayan, learned ASC, accepts notice on behalf the Government of NCT of Delhi/Respondent No. 1 and the Registrar operative Societies („RCS‟) (Respondent No.2).
-
Since the point involved is short, with the consent of learned counsel the parties, the writ petition is heard finally at this stage itself.
-
The Petitioner is a Co-operative Bank, as defined under Section 2 the Delhi Co-operative Societies Act, 2003 („DCS Act‟). It has
W.P.(C) 12817/2019 Page
functioning under the supervision and control of the Reserve Bank of („RBI‟) for banking related functions in terms of the powers vested RBI under the Banking Regulation Act, 1939 and the Reserve Bank of Act, 1934.
-
Mr. Sudhir Nandrajog, learned Senior Counsel appearing for Petitioner states that the Petitioner is one of the few banks in the operative sector earning profits with satisfactory results year after year. points out that the bank was last inspected by the RBI for the year 31st March, 2019 and that the bank‟s business for the last financial increased by 15.72%.
-
The term of the present Management Committee of the Petitioner came to an end on 6th August, 2019. On 30th May, 2019 the Board of Directors
Bank met and resolved to request the RCS to appoint a Returning („RO‟) for conduct of elections to the Managing Committee. Consequently, on 4th June, 2019 a letter was addressed to the RCS informing him present term of the Board of Directors was expiring on 6th August, 2019.
-
When no RO was appointed, the Petitioner filed W.P.(C) 12415 of in this Court. When that writ petition was listed on 24th November 2019, Gautam Narayan, learned counsel appearing on advance notice for Respondents informed the Court that an RO would be appointed week. Recording that statement, the writ petition was disposed of.
-
Within 4 days thereafter, the RCS issued the order dated 29th
2019, which has been impugned in the present petition, whereby in
W.P.(C) 12817/2019 Page
of the powers vested in Respondent No.2 under Section 35 (5) of the Act, Mr. R.S. Krishnan, Deputy Secretary was appointed as Administrator-cum-Returning Officer‟ to conduct the election in Petitioner Bank within 90 days from the date of his appointment.
-
The Petitioner is aggrieved by the impugned order to the extent appoints Mr. Krishnan not just as the RO but also as Administrator Petitioner.
-
Mr. Nandrajog points out...
To continue reading
Request your trial