VIKRAM COOPERATIVE BANK LIMITED Vs. DIST. REGISTRAR OF COOP. SOCIETIES

JUDGEMENT

(1.) The Section only requires the satisfaction of the Registrar. If he is satisfied that the books and records of the society are likely to be suppressed, tampered with or destroyed or the funds and property of the society are likely to be misappropriated or misapplied, the Registrar has to act and he has to issue an order and authorise somebody in writing to seize and take possession of such books and records.

(2.) The learned Advocate Shri G. N. Desai submitted that before the functioning of a bank is stopped an opportunity was required to be given to the bank before any order was issued under Section 83 of the Gujarat Co-operative Societies Act, 1961. The scheme of the Gujarat Cooperative Societies Act, 1961 does not contemplate that any notice is to be given before any action is taken under Section 83. The other Sections which follow thereafter contemplate that action could be taken after the notice is issued. The legislature never contemplated that any notice was required before the issuance of notice under Section 83. That was done with a clear desire to protect the interest of the persons concerned with the particular Co-operative Society.