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Chandrakant Shankerlal Shah Thro Poa ... vs Liquidator Anand Peoples Co-Operative ... on 18 August, 2023 cites

The Goa State Cooperative Bank Ltd. vs Shri Krishna Nath A. (Dead) Through Lrs. on 20 August, 2019

5.Learned advocate Mr. Masoom Shah for the petitioner submitted that the respondent authorities could not have exercised powers under sections 114 and 161 of the Act, 1961 to extend the time to complete the liquidation process contrary to the provisions of the Act, 1961. It was submitted that in view of illegal extension of liquidation process, the respondent bank cannot continue the recovery process against the petitioners as respondent no.1 liquidator Page 7 of 39 Downloaded on : Sun Sep 17 01:32:52 IST 2023 NEUTRAL CITATION C/SCA/18361/2018 CAV JUDGMENT DATED: 18/08/2023 undefined of the bank is not empowered to continue the winding up process in view of such orders of extension passed by the respondent authorities being contrary to law. 5.1) However, learned advocate Mr. Shah fairly submitted that the issue now is concluded by the decision of Hon'ble Supreme court in case of Goa State Cooperative Bank Limited v. Krishna Nath A. (Dead) through legal representatives and others reported in (2019) 20 Supreme Court Cases 38 wherein while dealing with pari materia provisions of Maharashtra Cooperative Societies Act, 1960 the Hon'ble Supreme Court has held that recovery rights of the bank are not defeated under the provisions of the said Act by virtue of liquidation/winding up provisions prescribed in sections 109 and 110 of the Act.
Supreme Court of India Cites 5 - Cited by 9 - A Mishra - Full Document

Pandurang Ganpati Chaugule vs Vishwasrao Patil Murgud Sahakari Bank ... on 5 May, 2020

5.5) Reliance was also placed on the judgment of Andhra Pradesh High Court dated 31.12.2021 passed in W.A. No.1680/2017 and allied matters, wherein it is held that in view of the judgment delivered by the Constitution Bench of the Hon'ble Supreme Court in case of Pandurang Ganpati Chaugule (supra), the action initiated under the Andhra Pradesh Cooperative Societies Act, Page 18 of 39 Downloaded on : Sun Sep 17 01:32:52 IST 2023 NEUTRAL CITATION C/SCA/18361/2018 CAV JUDGMENT DATED: 18/08/2023 undefined 1964 was certainly a nullity and the bank was having a remedy of filing an application under the Recovery of Debts and Bankruptcy Act, 1993 and the order passed by the learned Single Judge was quashed and set aside by the Division Bench and the writ petitions were allowed by quashing and setting order passed by the Tribunal declaring that the Sale Certificate issued to the petitioners were held valid and they were held to be entitled to delivery of possession of the property mentioned therein from the borrower or other persons in possession thereof. 5.6) Relying upon the aforesaid decision, it was submitted that the impugned orders passed by the Board of Nominees and Tribunal are required to be quashed and set aside and respondent no.1 should file an application under the provisions of the Recovery of Debts and Bankruptcy Act, 1993 or under the Page 19 of 39 Downloaded on : Sun Sep 17 01:32:52 IST 2023 NEUTRAL CITATION C/SCA/18361/2018 CAV JUDGMENT DATED: 18/08/2023 undefined provisions of SARFAESI Act and no recovery proceedings should be continued against the petitioner pursuant to the orders passed by the Board of Nominees and the Tribunal. 5.7) Learned Advocate Mr. Shah submitted that Board of Nominees passed the judgment and decree without providing any opportunity of hearing as the petitioner could not file an application for leave to defend before the Board of Nominees. It was submitted that the Tribunal also did not entertain the appeal as the right to defend was not available with the petitioner without entering into the merits.
Supreme Court of India Cites 228 - Cited by 62 - A Mishra - Full Document
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