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SCA/3372/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3372 of
2010
=========================================================
PANKAJKUMAR
& COMPANY - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
TH SOMPURA for
Petitioner(s) : 1,
MR CB UPADHYAY ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 16/03/2010
ORAL
ORDER
1. Heard,
Mr. T.H. Sompura, learned Counsel for the petitioner and Mr. C.B.
Upadhyay, learned Assistant Government Pleader.
2. Mr.
T.H. Sompura, learned Counsel for the petitioner, has submitted that
the impugned notice dated 26.02.2010, has been issued by the Recovery
Officer / Sale Officer of the respondent No.3-Bank, who has no
jurisdiction to issue such a notice, as per the provisions of
Sections 159 and 162 of the Gujarat Cooperative Societies Act, 1965.
It is further submitted that, as the said notice of auction is
without jurisdiction, the same
may be stayed.
3. Mr.
C.B. Upadhyay, learned Assistant Government Pleader, appearing on
advance copy for respondents Nos. 1 and 2, has drawn the attention of
this Court to the provisions of Rule 96 of the Gujarat Cooperative
Societies Rules, 1965(‘the Rules’ for short). He has submitted that
the Recovery Officer / Sale Officer of the respondent No.3-Bank would
have been authorized by the Registrar, as per the provisions of Rule
96 of the Rules.
4. It
is not disputed by the learned Counsel for the respective parties
that against the decree passed in favour of respondent No.3, by the
Board of Nominees, Bhavnagar, an appeal has been filed by the
petitioner being Miscellaneous Appeal No.398 of 2004, which is
pending before the Gujarat State Cooperative Societies Tribunal,
Ahmedabad.
5. Issue
NOTICE, returnable on 22nd
March, 2010.
In
addition to the normal mode of service, Direct Service
is also permitted.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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