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august 2019

Supreme Court of India · 2019-08-20

THE GOA STATE COOPERATIVE BANK LTD. vs SHRI KRISHNA NATH A. (DEAD) THROUGH LRS.

Citation / case number
SC 2007/9974
Court
Supreme Court of India
Petitioner
THE GOA STATE COOPERATIVE BANK LTD.
Respondent
SHRI KRISHNA NATH A. (DEAD) THROUGH LRS.
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE B.R. GAVAI

Judgment text excerpt

The Supreme Court ruled that under Section 109 of the Maharashtra Co-operative Societies Act, 1960, winding up proceedings must be concluded within six years unless extended by the Registrar. The Court held that the High Court's decision to terminate the winding up proceedings retroactively was erroneous, as it disregarded the statutory requirement for timely completion of liquidation. Consequently, the Supreme Court set aside the High Court's order, allowing the recovery proceedings to continue against the defaulting members of the Society.

THE GOA STATE COOPERATIVE BANK LTD. vs SHRI KRISHNA NATH A. (DEAD) THROUGH LRS. · Niyam