Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 8, Cited by 0]

Gujarat High Court

The Bopal (Shobhan) Co. Op. Hsg. Soc. ... vs State Of Gujarat on 19 February, 2021

Equivalent citations: AIRONLINE 2021 GUJ 162

Author: Biren Vaishnav

Bench: Biren Vaishnav

               C/SCA/15849/2020                              ORDER



                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                 R/SPECIALCIVILAPPLICATIONNO. 15849of 2020

==========================================================

THEBOPAL(SHOBHAN)CO. OP. HSG.SOC.LTD. DIVISION-5 Versus STATEOF GUJARAT ========================================================== Appearance:

DHARAP BHATT(7530)for the Petitioner(s)No. 1,2,3,4,5,6 MR.P.K.JANI,LD. SENIORADVOCATEwith MR. PARTHH BHATT(6381)for the Petitioner(s) No. 1,2,3,4,5,6 DHRURAJM RANA(7939)for the Respondent(s)No. 10,12,13,14,15,5,6,7,8,9 MRDHAVALM BAROT(2723)for the Respondent(s)No. 16,17,18,19,20,21,22,23,24,25,26,27 NOTICESERVED(4)for the Respondent(s)No. 1,2,3,4 NOTICEUNSERVED(8)for the Respondent(s)No. 11 ========================================================== CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV Date: 19/02/2021 ORALORDER
1. Heard Mr.P.K.Jani learned Senior Advocate with Mr.Parth Bhatt learned advocate for the petitioner.
2. In this petition under Article 226 of the Constitution of India, the order under challenge is the order dated 17.09.2019 passed by the District Registrar in exercise of powers under Section 74D of the Gujarat Cooperative Societies Act.
3. This Court while issuing notice on 17.12.2020 passed the following order:
"Heard Mr.P.K.Jani, learned senior advocate with Page 1 of 4 Downloaded on : Sat Feb 20 08:34:27 IST 2021 C/SCA/15849/2020 ORDER Mr.Parth H. Bhatt, learned advocate for the petitioners. According to his submission, the District Registrar could not have exercised jurisdiction under Section 74­D of the Gujarat Cooperative Societies Act, 1961 (for short, 'the Act') except exigency enumerated therein. Taking this Court to the contents of the order and the show cause notice issued prior to impugned order dated 17.09.2019, it is submitted that ingredients, as enumerated under Section 74­D of the Act, are not satisfied so as to empower the District Registrar to appoint custodian to the petitioner­Society. It is further submitted that the order of the District Registrar dated 17.09.2019 was challenged before the Additional Registrar, Gujarat State wherein, by way of interim order dated 3.10.2019, the order of District Registrar was stayed. However, on rejection of Revision Application by the Additional Registrar, the petitioner moved State Government under Section 155 of the Act. It is further submitted that though Revision Application is filed in the month of March, 2020, along with an application for stay, it has not been heard so far in view of the present crisis of pandemic. Despite that, the custodian is behind the petitioner­Society and demanding record of the Society to implement the impugned order passed by the District Registrar. Not only that, even District Registrar himself has passed further orders under Sections 75 and 83 of the Act against the petitioner.
Hence, Notice returnable on 29th January, 2021. In the peculiar facts and circumstances of the case, impugned order dated 17.09.2019 passed by the District Registrar and every orders passed in hierarchy therefrom and consequential to those orders are hereby stayed till next date of hearing. "

4. Reading of the order indicates that it is the contention of the petitioner that the show cause notice issued to the petitioner Page 2 of 4 Downloaded on : Sat Feb 20 08:34:27 IST 2021 C/SCA/15849/2020 ORDER society on 25.07.2019, which is the root of the proceedings is a notice without jurisdiction inasmuch as the ingredients of Section 74D are not attracted. Extensive pleadings are made before this Court in this petition indicating the prima­facie ingredients of Section 74D of the Act may not be attracted.

5. Admittedly, as recorded in the order dated 17.12.2020, a Revision Application moved by the petitioner under Section 115 of the Act is pending before the State Government. The State Government while taking a decision in pending Revision Application shall take into consideration these submissions reiterated by the petitioner in this petition in addition to the submissions that may be canvassed with regard to incompetence or lack of jurisdiction to issue a notice under Section 74D.

6. The State Government shall take a decision on the pending Revision Application in accordance with law. Ad­interim order dated 17.12.2020 shall continue to operate till the decision of the revision.

7. It is clarified that if the order is adverse to the petitioner, the Page 3 of 4 Downloaded on : Sat Feb 20 08:34:27 IST 2021 C/SCA/15849/2020 ORDER same shall not be implemented for the period of two weeks from the date of communication of the same to the petitioner.

8. With the aforesaid observations, the petition is disposed of. It is clarified that this Court has not entered into the merits of the matter.

(BIRENVAISHNAV,J) ANKITSHAH Page 4 of 4 Downloaded on : Sat Feb 20 08:34:27 IST 2021