VidhiSangh

Supreme Court of India · 20/08/2019

GOA STATE COOPERATIVE BANK LTD. versus KRISHNA NATH A. (DEAD) THROUGH LRS. AND OTHERS

[2019] 10 S.C.R. 721 · 2019 INSC 920

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that expiry of the statutory period for liquidation of a cooperative society did not extinguish members’ loan liabilities or terminate pending recovery proceedings. Although the liquidator could not continue after liquidation ended, creditors or persons entitled to benefit from recovery could pursue the pending cases after notice by the Registrar. The lender bank was permitted to continue its recoveries from defaulting members.

Issues

  1. Whether expiry or termination of liquidation under section 109 also ended pending recoveries and members’ loan liabilities.
  2. Who could continue recovery after the liquidator’s role ended.

Provisions considered

Held

Result

Appeal allowed to the stated extent; contrary High Court decision set aside. Appellant bank permitted to continue pending recovery proceedings. Registrar to notify interested creditors or beneficiaries for continuation; no unrestricted extension of the liquidator’s tenure ordered.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 721.