Authority: Supreme Court of India
Order Date: 28-09-2026
Case Overview
- Petitioners: Amravati District Central Cooperative Bank Ltd (Amravati District Central Cooperative Bank Ltd) filed special leave petitions (SLP) against respondents Ravindra Vitthalrao Gaigole & Ors.
- The petitions arise from an impugned final judgment and order dated 02‑09‑2026 passed by the High Court of Judicature at Bombay at Nagpur (CRLWP No. 371/2026 and 372/2026).
- Multiple Interlocutory Applications (IA) were filed: IA No. 291959/2026 (exemption from filing C/C), IA No. 291957/2026 (exemption from filing O.T.), IA No. 291955/2026 (permission to file petition). Additional IA numbers 292269/2026, 292270/2026, 292272/2026 sought similar exemptions and permission.
- Petitioners argued that the Maharashtra Co‑operative Societies Act, 1960 and its Rules constitute a complete code for addressing financial irregularities, granting the Registrar power to call for audit reports and take action, rendering a police preliminary inquiry unnecessary.
- They contended that the Supreme Court’s decision in Lalita Kumari v. Government of Uttar Pradesh does not apply where specific statutory mechanisms exist under the 1960 Act, and that the High Court had not found any cognizable offence.
Order
1. Permission to file the special leave petitions is granted.
2. The submission of the petitioners regarding the sufficiency of the 1960 Act’s provisions is noted.
3. Notice to be issued, returnable within six weeks.
4. The effect and operation of the impugned order dated 02‑09‑2026 (order 1 (2014) 2 SCC 1) shall remain stayed.
5. The stay does not preclude the Registrar from exercising powers under Chapter VIII of the 1960 Act, including audit, inquiry, inspection, and supervision.
Final Outcome
- The Supreme Court allows the cooperative bank to pursue the SLPs, stays the High Court’s order pending further proceedings, and directs that the Registrar may continue regulatory actions under the Maharashtra Co‑operative Societies Act.
Topics: Legal Proceedings, Cooperative Banking, Regulatory Oversight