Gujarat High Court
Sahajanand Palace Co Operative Housing ... vs Mitaben Vasantbhai Borad on 17 September, 2018
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/14194/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14194 of 2018
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SAHAJANAND PALACE CO OPERATIVE HOUSING SERVICE SOC LTD
THROU CHAIRMAN NAGJIBHAI NARANBHAI GHINAIYA
Versus
MITABEN VASANTBHAI BORAD
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Appearance:
MR DHARMESH V SHAH(1050) for the PETITIONER(s) No. 1
MR RAVINDRA SHAH for the RESPONDENT(s) No. 1,2,3,4,5,6,7
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 17/09/2018
ORAL ORDER
1. Notice for final disposal. Learned advocate Mr.Ravindra Shah waives service of notice for the respondents.
2. By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following relief:-
"7(B). Your Lordship may be pleased to issue a writ of certiorari or any other appropriate writ to set aside the order passed by the Ld. Co-operative Tribunal, Ahmedabad in Appeal No.17/2018 dated 10.08.2018 at Annexure-A in the interest of justice."
3. Having heard submissions made at bar and considering the impugned order dated 10.08.2018 passed by the learned Gujarat State Co-operative Tribunal, Ahmedabad in Appeal No.17 of 2018, it appears that the learned Tribunal, after holding to the effect that the learned Board of Nominees has decided the suit without trial while hearing injunction application and further observed that the learned Board of Nominees has not considered the merits and Page 1 of 2 C/SCA/14194/2018 ORDER submissions of the parties to the proceedings and despite such observations, the learned Tribunal has observed that the respondents herein cannot be deprived of preliminary essential facilities like water, drainage, electricity etc. After making such observation, the learned Tribunal ought to have directed the learned Board of Nominees to decide the injunction application afresh but, instead of taking such recourse, the learned Tribunal granted injunction application against the petitioner and in favour of the respondents till the trial of the suit and, therefore, the impugned order requires to be quashed aside.
4. Accordingly, impugned order dated 10.08.2018 passed by the learned Gujarat State Co-operative Tribunal, Ahmedabad in Appeal No.17 of 2018 is hereby quashed and set aside with a direction to the learned Board of Nominees to decide injunction application afresh and pass appropriate reasoned and speaking order after hearing both sides. The learned Board of Nominees shall decide such injunction application within two months from the date of receipt of copy of this order. During the interregnum period, relief granted by the learned Board of Nominees shall remain in force till injunction application is heard and disposed of.
5. It is clarified that this Court has not examined merits of the injunction application and, therefore, all the contentions are kept open. The parties to the proceedings are also directed to co-operate with the learned Board of Nominees to decide such injunction application in a time bound manner and shall not seek unnecessary adjournment.
6. Accordingly, present application stands disposed of.
(S.H.VORA, J.) Hitesh Page 2 of 2