High CourtsSingle Bench(2001) 10 AP CK 0166

Prudential Coop. Bank Ltd. vs The Registrar of Co-operative Societies and Another

Andhra Pradesh High Court · Decided on 16 October 2001

HON’BLE JUDGES
R. Ramanujam, J
CASE NUMBER
Writ Petition No. 2610 of 2000

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Judgment

6 paragraphs · 311 words

R. Ramanujam, J.—The petitioner is a Cooperative Bank (hereinafter referred to as ''the Bank'').Originally, it was registered under the provisions of the A.P. Cooperative Societies Act 1964.Subsequent to the enactment of the Mutually Aided Cooperative Societies Act 1995 by the State, the Bank got itself registered under the provisions of that Act (hereafter referred to as ''the Act'') and a certificate to that effect was also issued on 9.4.1997. The Reserve Bank of India also granted a fresh licence to the Bank u/s 22 of the Banking Regulation Act, 1949.

2.

It appears that one Mr. A. Harinath, who is a member of the Bank, made a representation/complaint to the Registrar of Co-operative Societies, Government of Andhra Pradesh, Hyderabad i.e., the 1st respondent herein on 31.10.1999 alleging certain irregularities in the grant of loan and its payment to him by the Bank. Thereupon, the 1st respondent-Registrar of Co-operative Societies, in exercise of his powers under sub section (2) of Section 29 of the Act, initiated an inquiry into the constitution, working and financial condition of the Bank and appointed Mr. P. Basanth Kumar, Joint Registrar of Co-operative Societies i.e., the 2nd respondent herein as an Inquiry Officer, with a direction, to submit his report within a period of 30 days from the date of the order, by his proceedings Rc.No.55765/99/macs dated 13.12.1999. Since the main contention advanced by the learned senior counsel for the petitioner revolves round this order, it is appropriate to extract the same in toto:

PROCEEDINGS OF THE REGISTRAR OF COOPERATIVE SOCIETIES, A.P., HYDERABAD.

Present: Sri D. Sreenivasulu, I.A.S., Registrar of Cooperative Societies. Rc.No.55765/99/ macs Dated 13.12.1999

Sub: INQUIRIES-Inquiry into the working of Mutually Aided Cooperative Societies u/s 29(2) of A.P. Mutually Aided Coop. Societies Act 1995-Orders-Issued.

Read: Representation dated 31.10.99 from Shri A. Harinath, H.No.1-7-19, Temple Alwal, Secunderabad, received through the Chief Minister Peshi (C.M.P) No.44dated 12.11.1999.