REGENT COMPUTRONICS PVT. LTD.

K.S. DAS Appellant

V/S

STATE OF KERALA Respondents

Referred Judgements :-

KAS; V. RAMANATHA CHETTIAR [REFERRED TO]
MUZACK CORPORATION V. COMPOSERS,ETC. [REFERRED TO]
SCARMAN,DUPORT STEEL V. SIRS [REFERRED TO]
FEDERAL STEAM NAVIGATION V. D.T.I. [REFERRED TO]
STOCK V. FRANK JONES (TIPTON) LTD [REFERRED TO]
VANON V. LAW SOCIETY [REFERRED TO]
MOHD. AMIN BROTHERS LTD. V. DOMINION OF INDIA [REFERRED TO]
BHARAT BANK LIMITED DELHI VS. EMPLOYEES OF BHARAT BANK LTD [REFERRED TO]
SYEDNA TAHER SAIFUDDIN SAHEB VS. STATE OF BOMBAY [REFERRED TO]
JETHANAND AND SONS VS. STATE OF UTTAR PRADESH [REFERRED TO]
MARTIN BUM LIMITED VS. CORPORATION OF CALCUTTA [REFERRED TO]
CENTRAL BANK OF INDIA LIMITED VS. GOKAL CHAND [REFERRED TO]
TARAPORE AND COMPANY MADRAS VS. TRACTORS EXPORT MOSCOW [REFERRED TO]
DADH NATHU RAJAH DEAD VS. ANGHA NATHU JAMAL DEAD [REFERRED TO]
PRAKASH CHAND AGARWAL VS. HINDUSTAN STEEL LIMITED [REFERRED TO]
RAJ NARAIN PANDEY VS. SANT PRASAD TEWARI [REFERRED TO]
SHANTI KUMAR R CANJI VS. HOME INSURANCE CO OF NEW YORK [REFERRED TO]
K P VARGHESE VS. INCOME TAX OFFICER ERNAKULAM [REFERRED TO]
PUSHKAR NATH NEHRU VS. ADMINISTRATOR NOW [REFERRED TO]
UTKAL CONTRACTORS AND JOINERY PRIVATE LIMITED ORISSA MINOR OILS VS. STATE OF ORISSA [REFERRED TO]
DARSHAN SINGH SURJEET SINGH KEHAR SINGH NIRANJAN SINGH MEWA SINGH KESAR SINGH MOHINDER SINGH SADHU SINGH VS. RAM PAL SINGH:JAGIR SINGH:TARA SINGH:PRITAMKAUR:WARYAM SINGH:MOHINDER SINGH:PRITAM KAUR:SHER SINGH AND ANOHER [REFERRED TO]
K G RANGASWAMI CHETTIAR AND CO VS. K R ESWARAMURTHY GOUNDAR [REFERRED TO]
INDO MERCANTILE BANK LTD VS. COMMISSIONER QUILON MUNICIPALITY [REFERRED TO]
P K KUNJU VS. STATE OF KERALA [OVERRULED]
STATE OF KERALA VS. R SUDARSAN BABU [REFERRED TO]
THEKKAYIL DAMODARAN VS. T SANKARAN [REFERRED TO]
STATE VS. K KRISHNANKUTTY [REFERRED TO]
HAR PARSHAD WALI VS. NARANJAN NATH MATTOO [REFERRED TO]

JUDGEMENT

(1.) The question in these two matters which has been referred to this larger Bench by a Full Bench consisting of three of us, is as follows:

(2.) The second of the Writ Appeals arises out of CMP 12030of 1991 inOP7132 of 1991 dated 15-7-1991. The appellants are respondents 4 and 5 in the O.P. The appellants were nominated to the Board of Directors of a Cooperative. Bank as per Ext. P1 order of the Registrar of Cooperative. Societies dated 31-8-1987. Later the Joint Registrar nominated the two Writ Petitioners on 10-7-1991 but again withdrew the same under Ext. P2. The said withdrawal was challenged on the ground that once the nomination of the writ petitioners was made, the same could not be withdrawn since their term would be co-terminus with that of the elected members. The learned Single Judge admitted the Original Petition and granted interim stay on 15-7-1991, staying the operation of Ext. P2 order pending the Original Petition. The appellants filed a counter and when the CMP came up on 30-9-1991, the learned Judge initially passed an order vacating the stay and posted the matter for orders on 3-10-1991, but when the matter came up on 3-10-1991, before it was signed, the learned Judge thought it fit to continue the stay and, therefore, deleted the order vacating stay and posted the Original Petition for final hearing. The learned Judge, in our view, was entitled to alter the order in the presence of the counsel before it was signed. However, as the order passed on 3-10-1991 was one for continuing the interim slay for the period during the pendency of the Original Petition and not merely pending the CMP, we shall assume that it could be treated as a disposal of the CMP. It is this order of slay that is challenged in the Writ Appeal.

(3.) At the outset, it is necessary to refer to the provisions of S.5 of the Kerala High Court Act, 1958 as amended in 1969. They read as follows:

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K S DAS Vs. STATE OF KERALA

Referred Judgements :-

JUDGEMENT

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