Dismissed

Rajesh Prafulbhai Vyas v. Shri Ishwarnagar Co. Op. Hou. Soc. Ltd.

Gujarat HC9 Dec 2020SCA/6448/2020

Case brief

AI extract

What is this about?

Petitioner sought writ under Articles 226 and 226 challenging an order by the Board of Nominees Court. Court observed that the Gujarat Cooperative Tribunal is now functioning and is the appropriate alternative forum. Writ petition permitted to be withdrawn to approach the Tribunal.

What did the court decide?

Petition permitted to be withdrawn to enable the petitioner to file an appeal before the Gujarat Cooperative Tribunal within 20 days.

Rajesh Prafulbhai Vyas Vs Shri Ishwarnagar Co. Op… — Cooperative Societies | Gujarat HC (2020)

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C/SCA/6448/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6448 of 2020

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RAJESH PRAFULBHAI VYAS

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Versus

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SHRI ISHWARNAGAR CO. OP. HOU. SOC. LTD.

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========================================================== Appearance:

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MR YOGIN A BHAMBHANI(6444) for the Petitioner(s) No. 1 MR.RAJESH P VYAS(7267) for the Petitioner(s) No. 1 MR YOGEN N PANDYA(5766) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 09/12/2020

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ORAL ORDER

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This petition under Article 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:

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“A. This Hon’ble Court may be pleased to admit and allow this petition;

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B. This Hon’ble Court may be pleased to declare as illegal, arbitrary and beyond jurisdiction, the order dated 29/01/2020, passed by the Learned Board of Nominees Court, Ahmedabad and extensions to such order granted, if any;

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C. This Hon’ble Court may be pleased to quash and set aside the order dated 29/01/2020, passed by the Learned Board of Nominees Court, Ahmedabad and extensions to such order granted, if any;

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D. Pending, hearing and final disposal of this present application this Hon’ble Court may be pleased to stay further operation, implementation and execution of the order dated 29/01/2020, passed by the Learned Board of Nominees Court, Ahmedabad and extensions to such order granted, if any;

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E. This Hon’ble Court may be pleased to grant such other and further reliefs which may be deemed to be in the interest of justice.”

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Page 1 of 3

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C/SCA/6448/2020 ORDER

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When the matter is taken up for hearing, during the course of hearing an issue has cropped up as to whether against the interim order dated 29.01.2020 passed by the Learned Board of Nominees Court, Ahmedabad whether any statutory forum is available by way of an alternative remedy or not.

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To this issue, learned advocate for the petitioner has responded that at the relevant point of time the Co-operative Tribunal was not functioning for want of judicial members, but now during the passage of time, the member is available and Co-ordinate bench is very much functioning.

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Resultantly, learned advocate for the petitioner without inviting any order on merit has requested the Court to dispose of the petition by allowing the petitioner to approach the learned Gujarat Co-operative Tribunal by way of an appeal against the order dated 29.01.2020 passed by Learned Board of Nominees Court, Ahmedabad.

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To this submission, learned advocate Mr. Yogen Pandya has no objection and has assured that he would not raise any technical plea of limitation, if the learned advocate for the petitioner is approaching the Tribunal within a period of 20 days from today.

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In view of the aforesaid submission, having heard learned advocates, the request made by the learned advocate for the petitioner is justified and accordingly the present petition is permitted to be withdrawn by the petitioner, with a view to file an appropriate appeal before the learned Gujarat Cooperative Tribunal challenging the order dated 29.01.2020 passed by the Board of Nominees as indicated in the petition.

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Since the appeal is to be presented by the petitioner within a period of 20 days from today, it is expected that without insisting upon about technicality, the learned Tribunal shall consider the appeal so presented on

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Page 2 of 3

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C/SCA/6448/2020 ORDER

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merit in accordance with law as expeditiously possible preferably within a period of 4 weeks from the date of presentation.

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Since, this Court has disposed of the petition, in view of the alternative statutory forum being available to the petitioner, the Court has not expressed any opinion on merit and it is independently left it open for the tribunal to pass any order in accordance with law after due compliance of principles of natural justice and the order that shall be a reasoned order.

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With the aforesaid, the present petition stands disposed of as withdrawn. Notice is discharged.

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(ASHUTOSH J. SHASTRI, J)

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DHARMENDRA KUMAR

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Page 3 of 3

Rajesh Prafulbhai Vyas v. Shri Ishwarnagar Co. Op. Hou. Soc. Ltd.

Case brief

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Rajesh Prafulbhai Vyas v. Shri Ishwarnagar Co. Op. Hou. Soc. Ltd.

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