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SCA/5988/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5988 of
2011
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GUNVANTBHAI
V NARANIYA - Petitioner(s)
Versus
RESERVE
BANK OF INDIA & 3 - Respondent(s)
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Appearance
:
MR
NEHAL R JOSHI for Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/05/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petitioner, who is one of the share-holder of Surendranagar Peoples
Co. Bank Limited, Surendranagar, and who has also certain deposits
with the said Bank, has preferred the writ petition to direct the
respondents to make sufficient arrangements for payment of deposits
of the petitioner and to initiate action against the defaulting
office bearers of the said Bank.
As
it appears that there is an allegation of fraud levelled against the
officers of the Cooperative Bank, and as the matter relates to
payment of deposits against the Cooperative Bank, we are not inclined
to issue writ on the Cooperative Bank, against which no writ petition
under Article 226 of the Constitution is maintainable. Further, we
find no case is made out to refer the case to the Reserve Bank of
India.
So
far as taking action against the office bearers of the Cooperative
Bank is concerned, learned counsel for the petitioner submitted that
the petitioner has already lodged F.I.R., and the matter is pending
consideration before the
Magistrate. In this view of the matter, no further order is required
to be passed with regard to said allegation, and the petitioner may
pursue the matter before the Court below. The writ petition stands
disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(J.B.
PARDIWALA, J.)
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