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Bombay High CourtWP/5237/2019disposed off

Society Of Servants Of God And ORS. v. The Needs Of Life Co-Operative Bank Ltd. Through Its Chief Executive Officer / Administrator And Or

2023-11-29Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2023.12.02 11:09:05 +0530 Trupti 1 29-wp-52372019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5237 OF 2019 Society of Servants of God & Ors.

...

Petitioners versus The Needs of Life Co-operative Bank Ltd.& Ors. ...Respondents .......

Mr.Sanjay P. Shinde for the Petitioners.

Mr.Kirit J.Hakani with Mr.Rahul K.Hakani, Ms.Niyati Mankad and Mr.Advait S. Dalvi for Respondent No.1.

Mr. Dhaval A. Patil i/b. M/s. K. Ashar & Co. for Respondent Nos. 2 and 3- Reserve Bank of India.

Mr. N.K.Rajpurohit, AGP for Respondent Nos. 4 and 5. .......

CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 29 NOVEMBER 2023 P.C.:

This petition is filed in the year 2019. The Petitioners seek to set aside the orders passed by the Administrator dated 21 March 2018 and 22 March 2018 and to allow Respondent No.1 to function through its Board of Directors. The Petitioners claim that the director of Petitioner No.2 was the earlier chairman of Respondent No.1- Co-operative Bank, who is also a trustee/ director of Petitioner Nos. 1 and 2 and the caretaker of Petitioner No.3. Based on this locus, these directions have been sought against the Administrator of Respondent No.1- Co-operative Bank and Respondent No.2Commissioner of Co-operation.

Trupti 2 29-wp-52372019.doc 2.

The learned Counsel for Respondent No.1- Co-operative Bank states that this petition does not survive as there have been subsequent developments. The learned Counsel states that the Reserve Bank of India has given no objection to the Chief Executive Officer, Sutex Co-operative Bank Ltd. on 20 April 2020 and 14 October 2021 for merger and Respondent No.1- Co-operative Bank is now merged with the Sutex Co-op. Bank Ltd., Surat, Gujarat which fact is confirmed by the learned Counsel for Respondent Nos. 2 and 3- Reserve Bank of India. The learned Counsel for Respondent No.1-Co-operative Bank points out that the edifice of the petition no longer survives in view of the subsequent developments.

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The writ petition is accordingly disposed of. 4.

All contentions of the parties are kept open, in case if there is any other litigations or proceedings pending. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)