Gujarat High Court Case Information System
Print
SCA/11469/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11469 of 2010
======================================
GOKUL
GRUH UDHYOG
Versus
PORBANDAR
COMMERCIAL CO OP BANK LTD & OTHERS
======================================
Appearance :
Mr
Jignesh Kapadia for Mr Savan Pandya for the Petitioner
None for
Respondent(s) : 1 - 3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/09/2010
ORAL
ORDER
By
way of this petition, the petitioner has challenged the judgment and
order dated 28th February 2006 passed by the Gujarat
Cooperative Tribunal in Appeal No.1263 of 2003 whereby the Tribunal
has dismissed the appeal preferred against the judgment and order
dated 26th August 2003 passed by the Registrar’s Board of
Nominees, Rajkot in Special Civil Suit No.6 of 2003. The Tribunal,
while considering the contentions raised by the petitioner has
observed that since the terms and conditions of the conditional order
passed by the Registrar’s Board of Nominees were breached by the
petitioner, looking to the provisions of subsection (4) of Section 99
of the Gujarat Cooperative Societies Act, 1961, the case of the
petitioner cannot be believed. Further, in the documents which were
produced before the lavad court at Mark 3/21 the membership number of
the defendants Nos.1 to 3 are shown at serial No.1953, 1611 and 1833
and therefore the Tribunal came to the conclusion that the contention
of the petitioner that defendants Nos.1 to 3 were not members of the
society and therefore they cannot raise a dispute under Section 96
before the Nominees Court cannot be accepted. In that view of the
matter, the view taken by both the courts below cannot be interfered
with. The petition is devoid of any merits and the same deserves to
be dismissed. Hence, it is dismissed.
(K.S.Jhaveri,
J.)
*mohd
Top