Gujarat High Court
Shri Savan Khet Utpadan Kharid Vechan ... vs State Of Gujarat & 3 on 11 February, 2015
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/2287/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2287 of 2015
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SHRI SAVAN KHET UTPADAN KHARID VECHAN SAHAKARI MANDALI LTD
SOCIETY & 6....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1 - 7
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR ROHAN YAGNIK, ASSTT GOVT PLEADER for the Respondent(s) No. 1
MR BAIJU JOSHI for MR MILAN S JOSHI, ADVOCATE for the Respondent(s)
No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 1 , 3 - 4
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 11/02/2015
ORAL ORDER
1. The petitioners have challenged the order dated 29.1.20125 passed by the Board of Nominee, Rajkot, camp at Anand below application Exh.4 in Lavad Suit No.4 of 2015, whereby the Board of Nominee passed interim order restraining the office bearers / Directors/ officers or any other persons from implementing or executing the resolution Nos.34,35 and 36 passed in the meeting dated 29.7.2013 of the Executive Committee of the respondent No.3 Bank.
2. When learned advocate Mr. Baiju Joshi appeared for learned advocate Mr. Milan Joshi on caveat for respondent No.4, the Court asked him as to whether the impugned order would affect the rights of the petitioners. Mr. Joshi, therefore, requested to adjourn the matter. However, while considering the request of Mr. Joshi, the Court Page 1 of 3 C/SCA/2287/2015 ORDER when prima facie found that the interim order directly affected the rights of the petitioners, while issuing notice for final disposal, stayed the impugned order.
3. Though notice for final disposal is served to the respondent Nos.2 and 3, nobody has appeared for them. Learned Assistant Government Pleader Mr. Yagnik has appeared for respondent No.1.
4. During the course of hearing of this petition, learned advocate Mr. Joshi fairly stated before the Court that respondent No.4- plaintiff proposes to join the petitioners in the suit and in the interim application. Mr. Joshi also stated that respondent No.4 will have no objection if the impugned order passed by the Board of Nominee is quashed and if the petitioners are heard by Board of Nominee after they are joined in the application for interim relief before passing any order on the said application.
5. In above such view of the matter, since Mr. Joshi on behalf of the plaintiff has agreed to quash the impugned order, the petition could be disposed of by following order:-
(1) Impugned order dated 29.1.2015 below application Exh.4 in Lavad Suit No.4 of 2015 passed by the Board of Nominee, Rajkot is hereby quashed and set aside.
Application at Exh.4 shall stand restored to the file of Board of Nominee.
(2) In view of the statement made by learned advocate Mr. Joshi to join the petitioners in the suit and in the interim application, it is directed that the petitioners shall be joined in the suit and the interim application as party respondents and on such joining of the petitioners as party respondents by the plaintiff, the Board of Page 2 of 3 C/SCA/2287/2015 ORDER Nominee shall issue notice to the petitioners and shall extend sufficient opportunity of hearing to the petitioners and only thereafter, the Board of Nominee shall finally decide the application at Exh.4.
6. With above directions, the petition stands disposed of.
7. It is clarified that this Court has not gone into the merits of the case. The Board of Nominee shall decide the suit and the interim application without being influenced by the present order passed by this Court.
Direct Service is permitted.
(C.L.SONI, J.) Omkar Page 3 of 3