VidhiSangh

Supreme Court of India · 05/05/2020

PANDURANG GANPATI CHAUGULE versus VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED

[2020] 5 S.C.R. 1038 · 2020 INSC 382

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Summary

Co-operative banks registered under State legislation and multi-State co-operative banks fall within SARFAESI. Banking includes recovery of bank dues, enabling Parliament to provide the additional enforcement procedure under Section 13. State power over incorporation, regulation and winding up of co-operative societies continues for matters outside the banking field. Section 5(c) of the Banking Regulation Act must be read with Section 56(a). The 2003 notification and the express inclusion of multi-State co-operative banks were upheld.

Issues

  1. How legislative powers over co-operative societies and banking are reconciled.
  2. Whether co-operative banks are banking companies under Section 5(c) read with Section 56(a).
  3. Whether SARFAESI applies to State and multi-State co-operative banks.
  4. Whether the 2003 notification and statutory inclusion of multi-State co-operative banks are valid.

Provisions considered

Held

Result

Reference answered affirming SARFAESI’s applicability to State and multi-State co-operative banks and upholding the challenged notification and statutory provision. Civil appeals, writ petitions and pending applications disposed of accordingly, without costs.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 1038.