2009 (7) TMI 1369

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....oner is a Co-operative Bank registered under the said Act. It made a deposit of Rs. 10,00,000/- with the appellant - Society. Ext.P1 is the receipt issued for the same. Upon maturity of the said deposit, the first respondent decided to withdraw the amount as per Ext.P2 resolution and by Ext.3, the appellant was called upon to refund the amount with interest. When no action was taken by the appellant - Society, the Writ Petition was filed seeking the following reliefs: i. Issue a writ of mandamus or other appropriate writ, order or direction directing the 1 st respondent to repay the amount due under Ext.P1 along with interest forthwith. ii. Issue a writ of mandamus or other appropriate writ, order or direction directing th....

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....Section 69 of the Act. Learned senior counsel also submitted that the learned Single Judge found that though the Co-operative Society is not amenable to the writ jurisdiction of this Court, a writ of mandamus can be issued, directing the Society to pay the amount. The relevant portion of the judgment dealing with the point reads as follows: "........ One of the plea raised in the counter affidavit is that the respondent is not an authority amenable to the writ jurisdiction of this Court. What is sought for is a writ of mandamus and hence, even if the 1 st respondent is not amenable to writ jurisdiction, since it is discharging public duties, relief sought for can be granted." 3. We have gone through the pleadings and also the su....

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....gistrar to look into the matter and, if found necessary, to issue appropriate directions to the Society. But, in certain cases, this Court itself can issue that direction, which the Registrar would have issued, had he exercised the discretion vested in him correctly: see the decision of the Apex Court in Comptroller and Auditor-General of India v. K.S. Jagannathan (1986) 2 S.C.C. 679. So, we feel that the direction issued in this case by the learned Single Judge is sustainable in law. 5. The appellant further contended that only in case of violation of fundamental rights, can this Court exercise its jurisdiction under Article 226 of the Constitution of India. In support of this contention, the learned senior counsel relied on the decisio....