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Judgment
I.A. No.12228 of 2023
This matter is taken up through hybrid mode.
This application has been filed by opposite party no.8 for modification of order dated 16.02.2023.
Heard Mr. P.K. Rath, learned counsel appearing for the petitioner; Mr. L. Samantaray, learned Additional Government Advocate appearing for the State-opposite parties; Mr. D.N. Mishra, learned counsel appearing for opposite parties no.6 & 7 and Mr. S. Mathews, learned counsel appearing for opposite party no.8.
Mr. S. Mathews, learned counsel appearing for opposite party no.8 contended that in compliance of the order dated 16. 02.2023, opposite party no.9 has already handed over the charge to the Registrar of Cooperative Societies and now that Managing Director, Odisha State Cooperative Bank has been appointed, he is to function in compliance of the order dated 18. 07.2023 passed by the learned Single Judge in W.P.(C) No.36272 of 2022.
Mr. P.K. Rath, learned counsel appearing for the petitioner contended that opposite party no.8 has not filed this application and he wants to file objection to this I.A. He further contended that whoever may be appointed as Managing Director, Odisha State Cooperative Bank, but that should be in accordance with law.
Mr. D.N. Mishra, learned counsel appearing for opposite parties no.6 & 7 contended that if anybody is appointed as Managing Director, Odisha State Cooperative Bank, the same should be with the approval of the Reserve Bank of India.
Having heard learned counsel for the parties, but however, without expressing any opinion on the validity of the appointment of the Managing Director, Odisha State Cooperative Bank, this Court modifies paragraph-10 of the order dated 16.02.2023 to the extent that as opposite party no.9 has already handed over the charge to the Registrar of Cooperative Societies, Odisha and the post of Managing Director, Odisha Cooperative Bank is lying vacant, if the opposite party authority appoints anybody as Managing Director, Odisha State Cooperative Bank, the same shall be subject to approval of the Reserve Bank of India.
The I.A. stands disposed of with the aforesaid modification/clarification of the order dated 16.02.2023. All other directions contained in the order dated 16.02.2023 shall remain unaltered.
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