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HC dismisses appeal of JCCB Board of Directors | | | Jammu, Dec 19 (JNF) : A high court division bench of Chief Justice M M Kumar and Justice Tashi Rabstan today dismissed two LPAs filed by Board of Directors of Jammu Central Co-operative Bank Limited (JCCB), challenging the judgment and October 1, 2014 order of the writ court allowing the petitions filed by Ajeet Kumar Bawa, Registrar of Cooperative Societies. The petitions were filed before the writ court purportedly by invoking jurisdiction of this court envisaged under section 103 of the J&K Constitution read with Article 226 of the Constitution of India because before the Writ Court order dated May 8, 2014 passed by the J&K Special Tribunal, (for brevity the Tribunal) was challenged whereby the tribunal had stayed the order dated 06.05.2014 passed by the Registrar, Co-operative Societies. Before the registrar validity of the election of the appellant-Board was challenged and the Registrar while issuing notice on 06.05.2014 had passed an interim order holding that the appellant-Board was not to exercise any power till the interim directions were vacated or modified. The order stipulated that the affairs of Jammu Central Co-operative Bank Ltd were to be looked after by the Joint Registrar (Adm) Co-Operative Societies, J&K. The bench, after hearing the two sides, observed that principles are applied to the facts of the present case it becomes evident that no letters patent appeal would be competent against an order passed by a learned Single Judge in exercise of jurisdiction under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution of India. Once that position is clear then we do not feel the necessity of deciding any other argument raised by learned counsel for the parties. Therefore, both the appeals are dismissed along with various connected applications, the bench directed. |
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