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MCA/115/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 115 of 2011
In
CIVIL
APPLICATION No. 5985 of 2010
In
FIRST
APPEAL No. 1510 of 2010
=========================================================
KARSHANBHAI
RAMBHAI JIVABHAI BARAD & 50 - Applicant(s)
Versus
UDAYSINH
KESARBHAI PARMAR & 10 - Opponent(s)
=========================================================
Appearance :
MR
PS CHAMPANERI for
Applicant(s) : 1 - 51.
None for Opponent(s) : 1 - 3, 6, 8,10 -
11.
VIRAL K SHAH for Opponent(s) : 4 - 5, 7,
9,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/01/2011
ORAL
ORDER
1. By
way of this application, the applicants have prayed to review and /
or modify the order dated 30.12.2010 passed by this Court in Civil
Application No.5985/2010 filed in the appeal.
2. Heard
learned counsel for the respective parties and perused the documents
on record.
3. It
is the say of the applicants that they had become Life Members,
Murabbi Members and Subhechchhak Members of opponent no.3-Trust
during the period commencing from September 1992 to September 1997
and that during the said period, there was no dispute between any of
the parties. Therefore, they have a legitimate right to participate,
vote and contest the election to the Board of Trustees as per Clause
9(1) of the Constitution of the said Trust.
4. It
is not in dispute that the applicants herein were not a party to the
proceedings before the first authority. They were also not party to
the proceedings of First Appeal or in that case the Civil Application
in which the order under review came to be passed.
5. It
is apparent from the order under review dated 30.12.2010 that it was
passed on the basis of a consensus that was arrived at between the
parties during the course of hearing of the Civil Application.
6. In
view of the above factual scenario, I do not find any reasons to
entertain this application. If the rights of the applicants are
really affected, then it is open to them to challenge the order under
review by filing appropriate proceedings before appropriate forum.
Hence, this application is not entertained and is, accordingly,
rejected.
[K.
S. JHAVERI, J.]
Pravin/*
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