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SCA/6176/2010 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6176 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
RAJKOT
DISTRICT CO OPERATIVE BANK LTD (SPECIFIED CO OP SOC) - Petitioner(s)
Versus
REGISTRAR
CO OPERATIVE SOCIETIES - Respondent(s)
=========================================
Appearance
:
MR ND
NANAVATY, SR.ADV. for M/S THAKKAR ASSOC.
for Petitioner(s) : 1,
MR
PRANAV DAVE, ASSTT. GOVERNMENT PLEADER for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/08/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India,
petitioner herein has prayed for an appropriate writ, direction or
order quashing and setting aside the impugned order / communication
dated 10th March 2010, by which, in exercise of powers
under Section 82(1) of the Gujarat Cooperative Societies Act, 1961,
Registrar, Cooperative Societies, State of Gujarat, Gandhinagar has
called upon the petitioner Bank to furnish the information with
supporting documents which were pursuant to the communication dated
25.01.2010.
2. When
the present Special Civil Application was heard for admission hearing
on 27.05.2010, learned counsel appearing on behalf of the petitioner
Bank sought time to comply with the direction given by the order
dated 10.03.2010 without prejudice to his right to contend that the
said order is passed without jurisdiction. Shri N.D. Nanavaty,
learned Senior Advocate appearing on behalf of the petitioner Bank
has submitted that petitioner Bank has already complied with the
direction given by the order dated 10.03.2010 and has already
furnished the required information with supporting documents to the
Registrar, Cooperative Societies, State of Gujarat, Gandhinagar. It
is stated at the Bar by Shri Nanavaty, learned Senior Advocate
appearing on behalf of the petitioner Bank that according to
petitioner, petitioner Bank has supplied and/or furnished the full
particulars and the information sought vide communication dated
10.03.2010/25.01.2010 and if any further information is lacking and
the petitioner is informed, petitioner shall furnish the same as may
be directed by the Registrar, Cooperative Societies, State of
Gujarat, Gandhinagar.
3. In
view of the above, he does not press the present petition as the
communication dated 10.03.2010, which is impugned in the present
petition, has been complied with. Shri Pranav Dave, learned
Assistant Government Pleader, under the instructions from Shri A.C.
Pathan, Legal Superintendent, Office of Registrar, Cooperative
Societies, State of Gujarat, has stated at the Bar that though
belatedly, petitioner Bank has already supplied the information as
required pursuant to the communication dated 10.03.2010 and if still,
on verification, it is found that some information is still required,
petitioner shall be communicated which may be furnished by the
petitioner at the earliest. It is further submitted that appropriate
further action may be taken in accordance with law and on merits
after considering the information supplied by the petitioner.
4. In
view of the above and having complied with the order passed by the
Registrar, Cooperative Societies, State of Gujarat, Gandhinagar dated
10.03.2010, as required by Shri Nanavaty, learned Senior Advocate
appearing on behalf of the petitioner Bank, present Special Civil
Application is disposed of. On verification if it is found
that some further information is still required, Registrar,
Cooperative Societies, State of Gujarat, Gandhinagar may communicate
to the petitioner Bank to supply/furnish the required information
which the petitioner shall furnish to the Registrar, Cooperative
Societies, State of Gujarat, Gandhinagar at the earliest.
5. With
this, present Special Civil Application is disposed of.
(M.R.
Shah, J.)
*menon
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