LAWS(GAU)-2008-9-49

DEBENDRA NATH BORAH Vs. STATE OF ASSAM

Decided On September 30, 2008
Debendra Nath Borah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THE Writ Petitioner/appellant is a shareholder of the respondent No. 3 Bank and is aggrieved by the alleged irregularities in the Eastern Zone shareholders' meeting held at Jorhat on 29. 4. 2008.

(2.) THE writ petitioner/appellant had challenged the proceedings of the Jorhat meeting and contended that because of the irregularities committed, the nomination of the Eastern Zone Members, who were to eventually participate in the Annual General Meeting (hereinafter referred to as "the AGM") of the respondent No. 3, Assam Co-operative Apex Bank Limited (hereinafter referred to as the "apex Bank") have not been appropriately decided and accordingly sought postponement of the already scheduled AGM of the Apex Bank.

(3.) THE Division Bench while entertaining the Writ Appeal against the learned Single Judges order dated 17. 6. 2008, permitted the respondents to proceed with the scheduled election and the AGM and at the same time directed the ROC to proceed with the enquiry which was being conducted into the alleged anomalies in the Eastern Zonal Meeting held on 29. 4. 2008.