SCA/9111/2008 2/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.9111 of 2008 ========================================== AJITSINH RAMSINH THAKORE AND ANOTHER Versus THE DEPUTY COLLECTOR & ELECTION OFFICER AND OTHERS ========================================== Appearance : MR P K JANI for the Petitioners MR AA DAVE, ASSISTANT GOVERNMENT PLEADER for Respondent Nos.1 and 2 MR TUSHAR MEHTA for Respondent No.3 ========================================== CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 09/07/2008 ORAL ORDER
The
matter was mentioned in the morning. The papers were called for from
the Registry and the matter is taken up for consideration.
Mr.P.K.Jani,
learned Advocate for the petitioners has submitted that this is the
matter wherein similar treatment is required to be given as was
given to the petitioners of Special Civil Application No.8724 of
2008.
The petitioners of Special Civil
Application No.8724 of 2008 had deposited a sum of Rs.1,75,000/-
against the liability of Rs.3,83,000/-. The petitioners of Special
Civil Application No.8724 of 2008 had approached the Tribunal and had
paid amount of Rs.1,75,000/- as per the order of the Tribunal. On
the ground that they were not accorded the similar treatment at par
with similarly situated persons to attend the meeting by the
respondent dairy, they had approached this Court. In Special Civil
Application No.8724 of 2008, a statement was made by the learned
Advocate appearing on behalf of the dairy that the dairy will not be
insisting upon communication dated 19.5.2008 and that they will allow
the petitioners of that petition to attend the meeting.
In
the present case, petitioner No.1, Ajitsinh Ramsinh Thakore was the
Chairman of the Board of Directors of the respondent dairy at the
relevant point of time and the authority has passed an order under
Section 93 of the Gujarat Co-operative Societies Act, 1961 holding
the Chairman responsible to the extent of 50% whereby his liability
comes to approximately Rs.19 lacs whereas respondent No.2 Bakulbhai
Kantibhai Patel was one of the Directors and stood at par with other
directors of the respondent-dairy and his liability is approximately
Rs.3,83,000/-.
That
being so, to accord similar treatment, it is directed that in case
petitioners No. 1 and 2 deposit 50% of the amount of their
liability, as was deposited by the petitioners of Special Civil
Application No. 8724 of 2008, they should also be accorded
similar treatment.
It
is clarified at the request of Mr.Tushar Mehta, learned Advocate
appearing for the dairy that the deposit of 50% of the amount, for
which they are held liable, is a pre-condition for allowing the
petitioners to attend the meeting.
At
the request of Mr.Jani, learned Advocate, the matter is adjourned to
14th July, 2008.
Direct
Service is permitted. It will be open for the petitioners to
communicate this order by Fax at their own cost.
(RAVI
R.TRIPATHI, J.)
Amit/-