LAWS(SC)-2008-5-219

INDIAN BANK Vs. GODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD

Decided On May 16, 2008
INDIAN BANK Appellant
V/S
GODHARA NAGRIK COOPERATIVE CREDIT SOCIETY LTD Respondents

JUDGEMENT

(1.) THESE appeals involve an interesting question as regards the power of judicial review of a Superior Court.

(2.) RESPONDENTS herein are cooperative societies registered under the cooperative Societies Act and/or their Members. They deposited certain amounts in cash in fixed deposits of Banks wherefor Fixed Deposit Receipts (FDRs) were to be issued. Such deposits were made through some so-called Commission Agents of the Banks on payment of huge commission which is ordinarily not allowed by the nationalized Banks.

(3.) WRIT petitions were filed. A learned Single Judge of the High Court opined that serious disputed questions of fact being involved in the said writ petitions, no relief can be granted to the writ petitioners.