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6.4 Thereafter, the society in its Special General Meeting dated 21.09.2010 amended the bye-laws enabling commercial construction/activities in the society, which led to the filing of Lavad Suit no.707 of 2010. On 18.11.2010, interim order came to be passed by the Board of Nominees granting injunction. Vide common judgment and order dated 15.06.2016, both the Lavad Suit no.1154 of 2005 and Lavad Suit no.707 of 2010 were dismissed, inter alia, on the ground that since the District Registrar has approved the bye-

Re.: Resolution dated 21.09.2010 proposing amendment of the bye-laws, permitting commercial construction.

6.6 Another challenge is to the proceedings concerning the bye- laws. As noted above, resolution dated 21.09.2010 was passed in the Special General Meeting, resolving to amend the bye-laws, enabling commercial construction/activities in the society. The resolution was sent to the District Registrar, Co-operative Societies. It so happened that on 18.11.2010, Board of Nominees ordered injunction restraining the society from acting in furtherance of the resolution passed in Special General Meeting dated 21.09.2010. It appears that on 16.11.2010/19.11.2010, the Registrar, Co-operative Societies passed an order approving the society's proposal to amend the bye-laws as passed vide resolution dated 21.09.2010.

6.7 Allegations, inter alia, were made that date of 19.11.2010 was interpolated to 16.11.2010 so as to overcome the injunction granted by the Board of Nominees on 18.11.2010. Special Civil Application no.16616 of 2010 was preferred before this Court, challenging the order dated 16.11.2010 approving amendment in the bye-laws. The writ petition was disposed of by quashing and setting aside the said order dated 16.11.2010 directing new incumbent, i.e. Registrar, Co- operative Societies, Ahmedabad (City) to decide the proposal of the society, seeking amendment of the bye-laws afresh.

7.1 It is submitted that subsequently, on 21.09.2010, in the Special General Meeting a resolution was passed, approving the amendment of bye-laws, enabling commercial construction and out of 21 members, 13 members were present, 12 voted in favour of the amendment and 1 against the amendment. As a result, Lavad Suit no.707 of 2010 was filed challenging the resolution dated 21.09.2010 and the Board of Nominees, passed an order dated 18.11.2010, restraining the society from acting in furtherance of the resolution dated 21.09.2010. On the other hand, the District Registrar passed an order approving the amendment to the bye- laws; however, the date 19.11.2010 was interpolated to 16.11.2010 with a view to escaping from the injunction granted by the Board of Nominees. This Court, in the petition filed by the petitioners directed the Registrar to take a fresh decision by the another incumbent.