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SCA/11704/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11704 of 2008
=====================================================
PAL
GROUP CO OP COTTON SALE SOCIETY LTD - Petitioner(s)
Versus
KRISHAK
BHARATI COOPERATIVE LTD - Respondent(s)
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Appearance :
MR
YATIN OZA WITH MS SONAL R SHAH for Petitioner(s) : 1,
None for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 19/09/2008
ORAL
ORDER
1. Upon
hearing Mr. Yatin Oza, learned counsel with Ms. Shah, learned counsel
for the petitioner, it appears that it is a dispute between the
petitioner Society and respondent Society. It is also an admitted
position that the petitioner is a member of the respondent Society,
which is Multi-State Cooperative Society governed by the Multi-State
Cooperative Societies Act, 2002. The dispute appears to be for right
of representation on behalf of the petitioner Society in the annual
general meeting of the respondent Society. As per the petitioner,
such representation is though backed by the Resolution, the
insistence is the representation through the Manager of the
petitioner Society only, such can be said as essentially the dispute
between the member and the society, which would fall in the category
of the dispute as provided under Section 84 of the Multi-State
Cooperative Societies Act. As per the said Act, there is expressed
mechanism provided under Section 84 of the Act for adjudication of
the dispute and the petitioner has not exhausted such statutory
remedy available under the said Act.
2. Under
these circumstances by way of self imposed restriction in exercise of
power of this Court under Article 226 of the Constitution of India,
present petition does not deserve to be entertained. Hence, not
entertained. Disposed of accordingly.
(JAYANT
PATEL, J.)
ynvyas
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