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Bombay High Court

The Nagar Urban Co Operative Bank ... vs The Central Registrar Of Co Operative ... on 26 April, 2021

Author: V. K. Jadhav

Bench: V. K. Jadhav

                                                                        wp6244.21
                                      -1-


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        14 WRIT PETITION NO.6244 OF 2021

   THE NAGAR URBAN CO OPERATIVE BANK AHMEDNAGAR THR ITS
                    CHIEF EXECUTIVE OFFICER
                                VERSUS
    THE CENTRAL REGISTRAR OF CO OPERATIVE SOCIEITIES AND
          JOINT SECRETARY CO OPERATION AND OTHERS
                                   .....
             Advocate for Petitioner : Mr. Niteen V. Gaware
                                      .....

                                            CORAM : V. K. JADHAV, J.

DATED : 26th APRIL, 2021 PER COURT:-

1. Heard.
2. The petitioner bank has challenged the order dated 4.2.2021 passed by respondent No.1 directing thereby to the petitioner to supply necessary information to respondent Nos. 2 and 3. The said information pertains to the credit information of certain borrowers/ depositors. Respondent No.1 by the impugned order dated 4.2.2021 directed the petitioner bank to provide the documents sought by respondent Nos. 2 and 3 within 7 days of the said order.
3. Learned counsel for the petitioner submits that in terms of the provisions of Section 45(d) and particularly Section 45(e) disclosure of certain information is prohibited. Leaned counsel submits that the Reserve Bank of India has also cautioned the petitioner bank that the audit report for the financial year 2016-17 and 2018-19 should not be ::: Uploaded on - 26/04/2021 ::: Downloaded on - 08/09/2021 23:15:13 ::: wp6244.21 -2- disclosed and the confidentiality in that regard may be maintained.

Learned counsel submits that the impugned order is cryptic and even though the petitioner bank filed detail reply to that effect, respondent No.1 has neither considered the legal provisions nor passed the reasoned order.

4. In view of above, issue notice to the respondents, returnable on 21.06.2021.

5. Till the next date of hearing, ad-interim relief in terms of payer clause "C".

( V. K. JADHAV, J.) rlj/ ::: Uploaded on - 26/04/2021 ::: Downloaded on - 08/09/2021 23:15:13 :::