NEUTRAL CITATION
C/SCA/10980/2023 ORDER DATED: 31/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.10980 of 2023
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THE ELECTION OFFICER, VASANTKUMAR NAVNITLAL MEHTA, THE MALPUR
NAGARIK SAHAKARI BANK LTD.
Versus
PATEL ASHWINBHAI JETHABHAI
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Appearance :
MR BHARAT T RAO for the Petitioners.
MR MANISH S SHAH for the Respondent.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 31/08/2023
ORAL ORDER
1. I have heard Mr. B. T. Rao, learned advocate appearing for the petitioner and Mr. Manish S. Shah, learned advocate appearing for the respondent.
2. By way of this petition, the petitioner has prayed for the following reliefs :-
"(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the judgment and order dated 19.6.2023 (Annexure T) passed by Gujarat State Cooperative Tribunal in Appeal No.5/2022 and further be pleased to allow the said appeal and quash and set aside order dated 17.1.2022 passed by Learned Board of Nominees Court, Mehsana below Exh.6 in Lavad Suit No.317 of 2021 and further be pleased to reject the said Page 1 of 4 Downloaded on : Sun Sep 17 03:03:45 IST 2023 NEUTRAL CITATION C/SCA/10980/2023 ORDER DATED: 31/08/2023 undefined application and suit with costs althroughout for the reasons stated in the Memo of Petition and in the interest of justice;
(B) Pending admission, hearing and final disposal of the above Special Civil Application to stay the execution, implementation and operation of the order dated 17.1.2022 passed by Learned Board of Nominees Court, Mehsana below Exh.6 in Lavad Suit No.317 of 2021 which was stayed by the Tribunal vide order dated 18.1.2022 passed in Appeal No.5/2022 and has been further extended upto 6.7.2023 for the reasons stated in the Memo of Petition and in the interest of justice;"
3. After arguing the matter for sometime by both the learned advocates appearing for the respective parties, they jointly submitted before this Court that it is a fact that vide order dated 5.7.2023, this Court has extended the interim relief granted by the Gujarat State Cooperative State Tribunal vide order dated 19.6.2023. It is also not disputed by both the advocates that the said relief is in operation till today.
4. In view of that, both the learned advocates Mr. Rao as well as Mr. Shah appearing for the respective parties, upon instructions from their respective clients, state that they are agreeable that without assigning any reasons, the impugned orders i.e. order dated 19.6.2023 passed by the Gujarat State Cooperative Tribunal in Appeal No.5 of 2022 as well as the order dated 17.1.2022 passed by the Board of Nominees Court, Mehsana below Page 2 of 4 Downloaded on : Sun Sep 17 03:03:45 IST 2023 NEUTRAL CITATION C/SCA/10980/2023 ORDER DATED: 31/08/2023 undefined Exh.6 in Lavad Suit No.317 of 2021 may be quashed and set aside and Lavad Suit No.317 of 2021 may be restored to its original file and the same may be directed to be adjudicated afresh by the Board of Nominees by leading evidence in respect of the dispute in question.
5. In view of the aforesaid consensus arrived at between the parties, without entering into the merits of the matter and without assigning any reasons about the merits of the matter, I pass the following order :-
(i) The impugned orders i.e. order dated 19.6.2023 passed by the Gujarat State Cooperative Tribunal in Appeal No.5 of 2022 as well as the order dated 17.1.2022 passed by the Board of Nominees Court, Mehsana below Exh.6 in Lavad Suit No.317 of 2021 are quashed and set aside.
(ii) Lavad Suit No.317 of 2021 is restored to its original file and keeping all the rights and contentions of both the parties open, the Board of Nominees is directed to decide Lavad Suit No.317 of 2021 within a period of three months, but in any case, latest by 31.12.2023. Board of Nominees is directed to decide Lavad Suit afresh by allowing the parties to lead evidence in support of their contentions. Both the parties to the proceedings are directed to cooperate for expeditious disposal of Lavad Suit.
(iii) It is clarified that the earlier observations made by the learned Board of Nominees or Gujarat State Cooperative Tribunal shall not come in the way of either parties in making their submissions and the learned Board of Nominees shall decide Lavad Page 3 of 4 Downloaded on : Sun Sep 17 03:03:45 IST 2023 NEUTRAL CITATION C/SCA/10980/2023 ORDER DATED: 31/08/2023 undefined Suit No.317 of 2021 on its own merits without being influenced by the earlier observations.
(iv) It is needless to state that this Court has not examined the merits of the case as this order was passed on the basis of consensus arrived at between the parties.
6. With the above direction, present petition stands disposed of. There shall be no order as to costs.
(NIRZAR S. DESAI,J) SAVARIYA Page 4 of 4 Downloaded on : Sun Sep 17 03:03:45 IST 2023