Gujarat High Court
Sri Ishwariya Ganot Sahakari Kheti ... vs State Of Gujarat on 25 September, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/17017/2022 ORDER DATED: 25/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17017 of 2022
==========================================================
SRI ISHWARIYA GANOT SAHAKARI KHETI MANDLI LTD.
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR PARESH H VAGHELA(3580) for the Respondent(s) No. 3
MR SANDIP M PATEL(5649) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
MS. DHWANI TRIPATHI, AGPNOTICE SERVED BY DS for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 25/09/2023
ORAL ORDER
1. By way of this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 07.07.2022 passed in Misc. Application No. 27 of 2021 in Appeal No. 50 of 2022 passed by the respondent no. 1 i.e. Additional Registrar (Appeals), Co-operative Societies, Gujarat State, Gandhinagar whereby the respondent no. 1 condoned the delay of more than 16 years. The petitioner has also prayed for the directions against the respondent no. 1 to direct him not to proceed with the hearing of Appeal No. 50 of 2022 pending before the respondent no. 1.
2. Heard learned advocate Mr. Asit B. Joshi appearing for the Page 1 of 3 Downloaded on : Wed Sep 27 20:40:29 IST 2023 NEUTRAL CITATION C/SCA/17017/2022 ORDER DATED: 25/09/2023 undefined petitioner, learned AGP Ms. Dhwani Tripathi appearing for the respondents no. 1 and 2 - State and learned advocate Mr. Sandip M. Patel appearing for the respondent no. 3.
3. Learned advocate Mr. Sandip M. Patel, upon instructions, from his client, states that the respondent no. 3 herein wants to amend the original appeal being Appeal No. 50 of 2022 as well as Misc. Application No. 27 of 2021 by placing on record certain new facts which has been come to the notice of the respondent no. 3 after filing of the appeal. Learned advocate Mr. Asit B. Joshi submits that the delay of 16 long years has been condoned by respondent no. 1 without assigning proper reasons for the same and without taking into consideration the objections raised by the present petitioner by filing reply to the application for condonation of delay as according to learned advocate Mr. Joshi no sufficient cause has been explained by the petitioner, with the consent of both the learned advocate Mr. Joshi and learned advocate Mr. Patel who are the contesting the parties in Misc. Application No. 27 of 2021 in Appeal No. 50 of 2021, the impugned order dated 07.07.2022 is hereby quashed and set aside as both the learned advocates appearing for the contesting parties do not invite any reasons. The aforesaid order is quashed and as per the consensus arrived at between the parties, the petition is disposed of with the following directions:-
1. Learned advocate for the petitioner wants to amend the Page 2 of 3 Downloaded on : Wed Sep 27 20:40:29 IST 2023 NEUTRAL CITATION C/SCA/17017/2022 ORDER DATED: 25/09/2023 undefined application for condonation of delay as well as Appeal No. 50 of 2022 and therefore, he is permitted to prefer appropriate application for amendment and the same may be considered by the Additional Registrar (Appeals) subject to objections by the petitioner herein who is the respondent in the original appeal.
2. Once the appropriate order in that application for amendment is passed by the Registrar (Appeals) thereafter, the Registrar (Appeals) is directed to decide the application for condonation of delay in accordance with law by passing a reasoned order without being influenced by the fact that this petition is allowed and earlier order dated 07.07.2022 is quashed as the impugned order in this petition is quashed on account of consensus arrived at between the parties to remand back the matter to Registrar (Appeals).
4. It is clarified that this Court has not gone into the merits of the matter and rights and contention of all the parties are kept open.
5. With the aforesaid observations and directions, the present petition is disposed of. Notice is discharged. No order as to costs.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 3 of 3 Downloaded on : Wed Sep 27 20:40:29 IST 2023