Supreme Court of India

Goa State Cooperative Bank Ltd. v. Krishna Nath A. (dead) through Lrs. and Others

Neutral citation
Reported as [2019] 10 S.C.R. 721
Bench Arun Mishra, S. Abdul Nazeer and M. R. Shah JJ.
Decided 20 August 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that appellant Bank can continue the pending proceedings.

Judgment, page 15

From the headnote

Maharashtra Co-operative Societies Act, 1960: s. 10 9 – Termination of liquidation proceedings – Expiry of the peri od fixed for liquidation – Effect of, on the proceedings for recove ry of dues instituted/pending as against the members – Held: oncept of restitution is a remedy against unjust enrichment or unjust benefit – When there is stay of proceedings by court, no person can be m ade to suffer for no fault on his part and a person who has liability b ut for the interim stay, cannot be permitted to reap the advantag es on the basis of interim orders of the court – Thus, the members who

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