The Bopal (Shobhan) Co Op Hsg Soc Ltd ... vs State Of Gujarat on 6 October, 2021

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Gujarat High Court

The Bopal (Shobhan) Co Op Hsg Soc Ltd ... vs State Of Gujarat on 6 October, 2021

Bench: Bhargav D. Karia

     C/SCA/14968/2021                                    ORDER DATED: 06/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/SPECIAL CIVIL APPLICATION NO. 14968 of 2021

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        THE BOPAL (SHOBHAN) CO OP HSG SOC LTD DIVISION 4
                             Versus
                       STATE OF GUJARAT
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Appearance:
SHIVANG P JANI(8285) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 1,
for the Respondent(s) No. 1,11,2,3,4
DHRURAJ M RANA(7939) for the Respondent(s) No.
10,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,5,6,7,8,9


 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                  Date : 06/10/2021

                                   ORAL ORDER

1. Heard, learned Senior Advocate Mr. P.K. Jani assisted by learned Advocate Mr. Shivang Jani for the petitioners, learned Senior Advocate Mr. R.S. Sanjanwala assisted by learned Advocate Mr. Dhruvraj M. Rana for Respondent Nos. 5 to 10 and 12 to 15 and learned Advocate Mr. Dhaval M. Barot for Respondent Nos. 16 to 27.

2. Notice returnable, forthwith. Learned Advocate Mr. Rana waives service of notice for Respondent Nos. 5 to 10 and 12 to 15 and larned Advocate Mr. Barot waives for Respondent Nos. 16 to 17 and learned AGP Mr. Jayswal for the Respondent-State.

3. After arguing the matter for sometime yesterday, i.e. on 5th October, 2021, as there was likelihood of Page 1 of 4 Downloaded on : Fri Oct 08 05:50:15 IST 2021 C/SCA/14968/2021 ORDER DATED: 06/10/2021 the concensus being arrived at by and between the parties, the matter was kept today.

3.1 Today, when the matter is called out, learned Senior Advocate Mr. Jani and learned Senior Advocate Mr. Sanjanwala have jointly submitted that the parties have arrived at a concesus to hold the elections of the Managing Committee of Petitioner No.1-Society, without prejudice to the rights and the contentions raised before this Court by either side so as to arrive at an amicable solution and to resolve all the disputes, issues and differences between Petitioner Nos. 2 to 6 and Respondent Nos. 5 to 27. It is agreed as under between Petitioner Nos. 2 to 6 and Respondent Nos. 5 to 27;

(i) An independent Officer / Election Officer to be appointed, as agreed between the parties, to conduct the election of Managing Committee of Petitioner No.1-Society and accordingly the name of learned Advocate Mr. Jay Trivedi is agreed upon by the parties to be appointed as Independent Officer / Election Officer;

(ii) Respondent Nos. 2 to 27 shall make a formal application for being enrolled as the members of Petitioner No.1-Society with requisite fees within the period of two days from today, i.e. on or before 8th October, 2021;

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C/SCA/14968/2021 ORDER DATED: 06/10/2021

(iii)On receipt of such applications Petitioner No.1-Society shall grant the membership to Respondent Nos. 5 to 27 and shall prepare a list of members of Petitioner No.1-Society and shall handover the same to the learned Advocate Mr. Jay Trivedi who is appointed as Indeptendent / Election Officer by the parties;

(iv) Learned Advocate Mr. Jay Trivedi shall therafter verify such list of members as per the bylaws of Petitioner No.1-Society and prepare a list of members eligible for voting in the election to be held of the Managing Committee of Petitioner No.1-Society;

(v) Such exercise shall be completed within one week from today, i.e. on or before 13th October, 2021;

(vi) Learned Advocate Mr. Jay Trivedi shall discharge his duties as the Independent / Election Officer to hold the election of the Manging Committee of Petitioner No.1-Soceity within two weeks thereafter as per the bylaws of Petitioner No.1-Soceity and the same shall be complted on or before 27th October, 2021;

(vii) Petitioner No.1-Society is hereby directed to provide all the help and Page 3 of 4 Downloaded on : Fri Oct 08 05:50:15 IST 2021 C/SCA/14968/2021 ORDER DATED: 06/10/2021 assistance to the learned Advocate Mr. Jay Trivedi who is to act as Independent Officer / Election Officer and Petitioner- Society shall also pay remunernation of Rs.1,00,000/- (One Lakh) towards his appointment as the Independent Officer / Election Officer from the Common Fund of Peititoner No.1-Society.

(viii) In view of the above consensus arrived at between the parties, status quo prevailing as on today shall continue to operate till the election of Managing Committee of Petitioner No.1-Society is conducted by the Independent Officer / Election Officer, namely learned Advocate Mr. Jay Trivedi.

(ix) Learned Advocate Mr. Jay Trivedi is also directed to file a report along with result of the election before the next date of hearing;

4. Stamd over to 28th October, 2021.

(BHARGAV D. KARIA, J) UMESH/-

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