ADARSH CREDIT CO Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF AGRICULTURE AND FARMERS WELFARE, DEPT. OF AGRICULTURE COOPERATION AND FARMERS WELFARE,GOVT. OF INDIA, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The same petitioner preferred two writ petitions, W.P.C. No. 3549 of 2016 and 3550 of 2016 against the sealing of its premises at Hazaribag and Bokaro District by the District authorities on an apprehension that petitioner, a Multi State Cooperative Society registered under the Multi State Cooperative Societies Act, 2002 has violated its provisions or its bye laws. However, premises of the petitioner at Hazaribag and Bokaro have been unsealed and the aforesaid two writ petitions have been withdrawn accordingly today.

(3.) In the present writ petition, petitioner has however, on an apprehension that such steps might be taken for interfering in its operations in different districts in the State, approached this Court seeking order of restraint upon the State authorities. Reference has been made to the interim order passed by the Apex Court in the case of some Multi State Credit Cooperative Society in Special Leave to Appeal CC No. 9733 of 2015, SLP (C) No.16316/2015 (Annexure-2) to submit that the matter relating to operation of Multi State Credit Cooperative Society is pending before the Apex Court. It is submitted that the interim order passed there in has restrained the petitioner, Multi State Cooperative Societies from carrying out any banking activities as defined under Sec. 5(b) of the Banking Regulation Act, 1949 and further also restrained them from receiving any deposits from its nominal members and public i.e. non-members. It is submitted that petitioners are strictly carrying out its activities as per the provisions of the Act of 2002. However, they apprehend that some coercive steps may suddenly be taken without opportunity to the petitioner to explain, leading to interference in its operations in different Districts.