Gujarat High Court
Vadhasar Dudh Utpadak Sahakari Mandli ... vs The Momaipura Mahila Dudh Utpadak ... on 1 March, 2023
Bench: A.J.Desai, Biren Vaishnav
C/LPA/193/2023 ORDER DATED: 01/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 193 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 16443 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 193 of 2023
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VADHASAR DUDH UTPADAK SAHAKARI MANDLI LIMITED
Versus
THE MOMAIPURA MAHILA DUDH UTPADAK SAHAKARI MANDLI LIMITED
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Appearance:
MR PK JANI, SENIOR ADVOCATE WITH MR SHIVANG P JANI(8285) for
the Appellant(s) No. 1
MR DIPEN DESAI(2481) for the Respondent(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 2,3,5
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/03/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)
1. Learned advocate for the appellant seeks leave of the Court to delete respondent No.4. Permission to delete respondent No.4 is granted since it is a formal party.
2. Admit. By consent of learned advocates appearing for the parties, present appeal is taken up for final disposal.
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C/LPA/193/2023 ORDER DATED: 01/03/2023
3. By way of present appeal under Clause 15 of the Letters Patent, Vadhasar Dudh Utpadak Sahakari Mandli Limited, who is original respondent No.2 in Special Civil Application No.16443 of 2020 has challenged the CAV judgment dated 30.09.2022 passed by the learned Single Judge in six different writ petitions. By the said decision, the learned Single Judge has quashed and set aside the orders passed by the appellate authority by which registration of respondent No.1 society was cancelled. By the said order passed in Appeal No.53 of 2019, registration No.NDHN/01/K/115/2019 of respondent No.1 came to be quashed and set aside. The effect of the order of learned Single Judge would be the aforesaid registration number would come in existence qua respondent No.1 society.
4. Mr.P.K.Jani, learned Senior Advocate with Mr.Shivang Jani, learned advocate for the appellant, Mr.Dipen Desai, learned advocate for respondent No.1 and Mr.Sahil Trivedi, learned Assistant Government Page 2 of 5 Downloaded on : Thu Mar 02 20:39:10 IST 2023 C/LPA/193/2023 ORDER DATED: 01/03/2023 Pleader for respondent Nos.2, 3 and 5 argued the matter for some time. However, learned advocate for the original petitioner - respondent No.1 herein under instructions states that present respondent No.1 - original petitioner would like to file a revision application under Section 155 of the Gujarat Cooperative Societies Act, 1961, before the revisional authority since the orders passed by the appellate authority can be examined by the revisional authority.
5. Considering the above aspect, we pass the following order :
(i) The CAV judgment dated 30.09.2022 passed by the learned Single Judge is quashed and set aside qua Special Civil Application No.16443 of 2020 filed by respondent No.1 herein since other respondents of the remaining other five original petitions have not challenged the decision passed by the learned Single Judge. Page 3 of 5 Downloaded on : Thu Mar 02 20:39:10 IST 2023
C/LPA/193/2023 ORDER DATED: 01/03/2023
(ii) Respondent No.1 shall file the revision application within a period of four weeks from today. The revisional authority shall decide the revision application in accordance with law, as early possible and preferably within a period of three months from the date of filing of the revision application. The revisional authority shall decide the same after giving opportunity to all concerned and without being influenced by the order passed by the learned Single Judge as well as by the present order.
(iii) It is hereby made clear that the registration granted in favour of present respondent No.1 shall remain in existence till the revision application is decided and thereafter for a period of two weeks if the revision application filed at the instance of respondent No.1 is dismissed.
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(iv) We have not expressed any opinion with regard to the merits of the case.
(v) In view of the order passed in the main appeal, Civil Application No.1 of 2022 does not survive and it stands disposed of.
(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) GAURAV J THAKER Page 5 of 5 Downloaded on : Thu Mar 02 20:39:10 IST 2023