Search Results Page
Search Results
1 - 4 of 4 (0.23 seconds)Section 151 in The Gujarat Co-Operative Societies Act, 1961 [Entire Act]
The Co-Operative Societies Act, 1912
Dhirajlal Vithaldas Kavaiya vs Rasiklal Chandulal Patel on 15 November, 1992
10. Had
it been a case where on the date when the suit was filed or when the
injunction was granted the construction was completed, it might stand
on different consideration. However, in the present case, the learned
Nominee as well as the Tribunal both have, upon the consideration of
the Panchnama at the time when the ex parte injunction came to
be granted for the first time in the year 1994, found that after the
receipt of the injunction the construction has been continued in
defiance to the interim injunction granted by the learned Nominee and
the society has not taken care to prohibit the construction. The
Tribunal has further found that the trustee of the trust was also the
Chairman of the society, therefore the trust had continued the
construction with the open eyes in breach of the injunction. Under
these circumstances, when any litigant has defied the orders passed
by the competent Forum, it hardly lies on the mouth of such litigant
to contend that as the construction is now over, interference may be
made so as to protect the construction. At this stage, it would be
profitable to extract certain observations of this Court in case of
Dhirajlal Vithaldas Kavaiya v. Rasiklal Chandulal Patel,
reported at 1993(1) G.L.R. P.206 and more particularly
the observations made by this Court at para 14 the relevant of which
reads as under:
1