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Bombay High Court

Shri. Rajendra Ganpati Patil And Anr vs The Karad Janta Sahakari Bank Through ... on 29 October, 2018

Author: Nitin W. Sambre

Bench: R. M. Savant, Nitin W. Sambre

                                                                                                  11.PIL.131.17.odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                 PUBLIC INTEREST LITIGATION NO. 131 OF 2017
                                                    WITH
                                     CIVIL APPLICATION NO. 122 OF 2017

                   Rajendra Ganpati Patil & Anr.                               ...       Petitioners

                   Versus

                   The Karad Janta Sahakari Bank & Ors.                        ...       Respondents


                   Mr. A. B. Bobe a/w H. G. Khambete for Petitioners. 
                   Mr. Amit D. Sale for Applicant/Intervenor in Civil Application No. 122 of
                   2017. 
                   Mr. D. B. Shinde for Respondent No.1.
                   Mrs. R. M. Shinde, AGP for Respondent - State. 
                   Ms. Aditi Phatale I/by Udwadia & Co. for Respondent No.29. 


                                                         CORAM          :      R. M. SAVANT AND
                                                                               NITIN W. SAMBRE, JJ.
                                                         DATE           :      29th OCTOBER 2018.


                   P.C.

                   .              The order of the Reserve Bank of India imposing restrictions

on the management of the Karad Janta Sahakari Bank Limited, we are informed, are to come to an end on 8 th November 2018. The Petition is moved on an urgent basis on the said ground. By the said orders, a moratorium has been imposed on the management of the Karad Janta John Doe Digitally signed by John Doe Date: 2018.11.01 11:50:13 +0530 Yadav VG 1/2

11.PIL.131.17.odt Sahakari Bank Limited in respect of the operations of the Bank which have been issued under Section 35A of the Banking Regulation Act, 1949.

2. The learned Counsel appearing for the Reserve Bank of India is not in a position to make any statement in the absence of instructions from the concerned officials of the Reserve Bank of India.

3. Having regard to the fact that the NPS of the said Karad Janta Sahakari Bank were such that required the interdiction of the Reserve Bank of India under Section 35A, we do not feel the necessity at this stage to issue any directions in view of the fact that the moratorium fixed by the Reserve Bank of India is in force till 8th November 2018.

4. In the event, the moratorium is not continued by the Reserve Bank of India, then liberty to the Petitioners to seek urgent hearing. List the Petition on 3rd December 2018. In case of urgency liberty as above.

(NITIN W. SAMBRE, J.)                                     (R. M. SAVANT, J.)




Yadav VG                                                                           2/2