Whether co­operative banks both at the State level and multi­-State level are ‘banks’ for applicability of the SARFAESI Act? – Text of Landmark Judgment of Supreme Court in Pandurang Ganpati Chaugule Vs. Vishwasrao Patil Murgud Sahakari Bank Limited -Supreme Court

Landmark judgment by 5-judge bench of Hon’ble Supreme Court on:
1. Whether ‘co­-operative banks’, which are co-­operative societies also, are governed by Entry 45 of List I or by Entry 32 of List II of the Seventh Schedule of the Constitution of India, and to what extent?
2. Whether ‘banking company’ as defined in Section 5(c) of the BR Act, 1949 covers co­operative banks registered under the State Co­operative Laws and also multi­State co­operative societies?
3. Whether co­operative banks both at the State level and multi­State level are ‘banks’ for applicability of the SARFAESI Act?
4. Whether provisions of Section 2(c) (iva) of the SARFAESI Act on account of inclusion of multi­State co­operative banks and notification dated 28.1.2003 notifying cooperative banks in the State are ultra vires?

Whether co­operative banks both at the State level and multi­-State level are ‘banks’ for applicability of the SARFAESI Act? – Text of Landmark Judgment of Supreme Court in Pandurang Ganpati Chaugule Vs. Vishwasrao Patil Murgud Sahakari Bank Limited -Supreme Court Read Post »