LAWS(SC)-2007-4-31

GREATER BOMBAY CO OP BANK LTD Vs. UNITED YARN TEX PVT LTD

Decided On April 04, 2007
GREATER BOMBAY CO-OP. BANK LTD Appellant
V/S
UNITED YARN TEX. PVT. LTD Respondents

JUDGEMENT

(1.) A Bench of two judges before which this batch of twelve civil appeals and five special leave petitions came up for consideration was of the view that looking to the issues involved and the far-reaching consequences which such a decision will leave, these matters require consideration by a larger Bench. This is what the Bench observed in the order dated 1st December, 2005.

(2.) Hon'ble the Chief Justice of India, accordingly, has assigned these matters for hearing by a Bench of three Judges dealing with the subject matters of applicability of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 [ for short "'the RDB Act'"] to the co-operative banks established under the Maharashtra Co-operative Societies Act, 1960 [for short "the MCS Act, 1960"]; The Multi-State Co- operative Societies Act, 2002 [for short "'the MSCS Act, 2002'"]; and the Andhra Pradesh Co-operative Societies Act, 1964 [for short "the APCS Act, 1964"].

(3.) The background of facts, which led to the filing of these cases, are noted from Civil Appeal No. 432 of 2004 titled The Greater Bombay Co-operative Bank Limited v. M/s United Yarn Tex Private Limited and Others filed against the judgments and orders of the Full Bench of the High Court of Judicature at Bombay and Civil Appeal No. 36 of 2006 titled A.P. State Co-operative Bank v. Samudra Shrimp Ltd. & Ors. decided by the Full Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad.