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SCA/3967/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3967 of 2010
=========================================
NAJAPUR
SEVA SAHAKARI MANDALI LIMITED THROUGH CHAIRMAN AND ANOTHER
Versus
DISTRICT
REGISTRAR AND OTHERS
=========================================Appearance
:
MR BS PATEL for
MR CHIRAG B PATEL for
the Petitioners
MS MANISHA L SHAH, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 31/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
RULE
returnable on 05.04.2010.
The
learned counsel for the petitioners has drawn the attention of the
Court to Rule 32(1A) of the Gujarat Co-operative Societies Rules,
1965, which requires that before any order is made by the Registrar
for removal, an opportunity of hearing is required to be given. He
has further invited the attention of the Court to Annexure-‘A’ (page
19), where we do not find that any formality of issuing notice was
done by the Registrar. The contention of the learned counsel for the
petitioners is that no notice was issued to the petitioners. In
that view of the matter, we are of the considered opinion that effect
and operation of the orders at Annexure-‘A’ dated 26.3.2010 and
Annexure-‘B’ dated 26.3.2010 is stayed until further orders.
Direct
service is permitted today.
(BHAGWATI
PRASAD, J.)
(J.C.
UPADHYAYA, J.)
omkar
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