A.P. Mahesh Cooperative Urban ... vs A.P. Mahesh Cooperative Urban ...
2021 Latest Caselaw 128 Tel

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


              WRIT APPEAL Nos.21 and 22 of 2021

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    The appellant/respondent No.4 is aggrieved by the direction

issued by the learned Single Judge in I.As.No.1 and 2 of 2020 in

W.P.No.21795 of 2020 and in I.As.No.1 and 2 of 2020 in

W.P.No.23976 of 2020, as specified in the operative para 42(vi) of the

impugned common order dated 08.01.2021, whereunder it has been

directed as under:-

"vi) Until further orders, the newly elected Directors are directed not to take policy decisions affecting the affairs of the society and the bank, including dealing with the funds of the society except for attending to day to day needs of the Society and the Bank and payment of salaries and allowances of the staff."

2. Mr. S. Ravi, learned Senior Advocate appearing for the

appellant/Bank submits that the writ petitions itself are misconceived,

inasmuch as the appellant/Bank, being a Multi-State Co-operative

Society, is governed by the Multi-State Co-operative Societies Act,

2002 (for short 'the Act') and any dispute arising in connection with

the election of any officer of a Multi-State Co-operative Society, like

the appellant/Bank herein, would be governed under Section 84(2)(c)

of the Act and ought to be referred to arbitration. Therefore, the writ

petitions itself are not maintainable. He submits that since the result of the elections of the appellant/Bank were declared on 09.01.2021

and the learned Single Judge has refused to interdict the results of the

elections, the members elected to the Board of Directors of the

appellant/Bank have already been declared and it ought to be left to

the Board of Directors to run the affairs of the Society, including

taking any policy decisions. It is submitted that even otherwise, the

day to day needs of the Society and the Bank would include several

aspects as have been specified in the statement enclosed with

W.A.No.21 of 2021 at page 118.

3. On enquiring from learned Senior Advocate as to what is the

next date of hearing in the writ petitions, we are informed that the

matter is listed on 09.02.2021. If the appellant/Bank is of the opinion

that the day to day activities of the Bank include those listed at serial

Nos.1 to 21 of the statement enclosed with W.A.No.21 of 2021 at

page 118, liberty is granted to the appellant/Bank to move an

appropriate application before the learned Single Judge for seeking

necessary clarification in respect of para 42 (vi) of the impugned

common order.

4. The present appeals are disposed of along with the pending

applications, if any.

______________________________ HIMA KOHLI, CJ [[[

______________________________ B. VIJAYSEN REDDY, J 21.01.2021 vs/jsu/pln