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Archive: 23 August 2007

Posts in 23 August 2007

SC JUDGEMENT-Recovery of Debts Due to Banks and Financial Institutions

August 23, 2007 15640 Views 0 comment Print

Section 1 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – Applicability of Act – Whether co-operative banks established under Maharashtra Co-operative Societies Act, 1960, Andhra Pradesh Co-operative Societies Act, 1964 and Multi-State Co-operative Societies Act, 2002, transacting business of banking, do not fall within meaning of ‘banking company’ as defined in section 5(c) of Banking Regulation Act, 1949 and, therefore, provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, by invoking doctrine of incorporation, are not applicable to recovery of dues by such co-operative banks from their members – Held, yes

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