Gujarat High Court
The Bopal (Shobhan) Co. Op. Hsg. Soc. ... vs State Of Gujarat on 17 December, 2020
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
C/SCA/15849/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15849 of 2020
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THE BOPAL (SHOBHAN) CO. OP. HSG. SOC. LTD. DIVISION-5
Versus
STATE OF GUJARAT
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Appearance:
MR P.K.JANI, SR. ADVOCATE WITH MR. PARTH H BHATT(6381) for the
Petitioner(s) No. 1,2,3,4,5,6
DHARA P BHATT(7530) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,3,4,5,6,7,8,9
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CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 17/12/2020
ORAL ORDER
Heard Mr.P.K.Jani, learned senior advocate with Mr.Parth H. Bhatt, learned advocate for the petitioners. According to his submission, the District Registrar could not have exercised jurisdiction under Section 74-D 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 74-D of the Act, are not satisfied so as to empower the District Registrar to appoint custodian to the petitioner-Society. 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 Page 1 of 2 Downloaded on : Fri Dec 18 05:46:58 IST 2020 C/SCA/15849/2020 ORDER been heard so far in view of the present crisis of pandemic. Despite that, the custodian is behind the petitioner-Society 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.
(UMESH A. TRIVEDI, J) PATEL ILA KANTIBHAI / Ashish Page 2 of 2 Downloaded on : Fri Dec 18 05:46:58 IST 2020