Rabinarayan Ray vs State Of Orissa & Others .... Opp. ...
2025 Latest Caselaw 5563 Ori

Orissa High Court

Rabinarayan Ray vs State Of Orissa & Others .... Opp. ... on 18 August, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.13534 of 2009

              Rabinarayan Ray                  ....      Petitioner

                                                         None

                                    -versus-

              State of Orissa & others         ....    Opp. Parties

                                 Mr. Partha Sarathi Nayak, Addl.
                                 Government Advocate and Mr.
                                 Manoj Kumar Mohanty,
                                 Advocate for O.P. Nos.3, 4 & 5

                                CORAM:
                   THE HON'BLE MR. JUSTICE S.K. SAHOO
                   THE HON'BLE MR. JUSTICE S.S. MISHRA

                                   ORDER

Order No.                        18.08.2025
   04.              This   matter is taken up       through   Hybrid

arrangement (video conferencing/physical mode).

The petitioner- Rabinarayan Ray has filed this writ petition challenging the notice issued by the Dhenkanal Urban Cooperative Bank dated 31.12.2008.

None appears for the petitioner. This matter is of the year 2009 Learned counsel appearing for the opposite party nos.3, 4 and 5 has placed the citation in the case of Pandurang Ganpati Chaugule vs. Vishwasrao Patil Murgud Sahakari Bank Limited, reported in (2020) 9 SCC 215, wherein it has been

held as under:

"142.1. (1)(a) The cooperative banks registered under the State legislation and multi-State level cooperative societies registered under the MSCS Act, 2002 with respect to "banking" are governed by the legislation relatable to Schedule VII List I Entry 45 of the Constitution of India.

142.2. (2) The cooperative banks involved in the activities related to banking are covered within the meaning of "banking company" defined under Section 5(c) read with Section 56(a) of the Banking Regulation Act, 1949, which is a legislation relatable to List I Entry 45. It governs the aspect of "banking" of cooperative banks run by the cooperative societies. The cooperative banks cannot carry on any activity without compliance of the provisions of the Banking Regulation Act, 1949 and any other legislation applicable to such banks relatable to "banking" in List I Entry 45 and the RBI Act relatable to Schedule VII List I Entry 38 of the Constitution of India."

The petitioner is aggrieved by the notice under

Section 13(2) of SARFAESI Act issued by the Opposite

Party Co-operative Society. Hence, alternate remedy

under the said Act is available to the petitioner as the

Co-operative Society, is a financial Institution/Bank as

held in the aforementioned judgment. Therefore, the

present writ petition is not maintainable, hence, it is

dismissed.

The interim order dated 16.11.2009 passed in Misc. Case No.11474 of 2009 stands vacated.

                                                                       ( S.K. Sahoo)
                                                                           Judge




                                                                       ( S.S. Mishra)
  Subhasis                                                                 Judge

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 18-Aug-2025 19:39:28