Gujarat High Court
The Mandvi Nagrik Sahakari Bank Ltd vs Mehulkumar Mukeshsinh Khengar on 9 December, 2025
NEUTRAL CITATION
C/SCA/16613/2025 ORDER DATED: 09/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16613 of 2025
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THE MANDVI NAGRIK SAHAKARI BANK LTD. & ANR.
Versus
MEHULKUMAR MUKESHSINH KHENGAR & ANR.
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Appearance:
MR MAULIN G PANDYA(3999) for the Petitioner(s) No. 1,2
KAMLESH B PATEL(8636) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/12/2025
ORAL ORDER
1. By the present writ petition, the petitioners challenge the order dated 29.11.2025 passed by the respondent No.2 in Exh.5 application in Lavad Case No. BONSUR202500119, whereby the petitioner-bank and Election Officer are directed not to proceed further with the election process without adding the name of respondent No.1 herein in the final list of contesting candidates for the election to the post of Managing Committee of the bank.
2. A perusal of the relief as prayed for in the Lavad Case No. BONSUR202500119 and the reliefs prayed for in Exh.5 application reveal that the prayers are one and similar.
3. By the impugned order, the learned Joint Registrar and Page 1 of 3 Uploaded by SALIM(HC01108) on Tue Dec 09 2025 Downloaded on : Tue Dec 16 20:47:27 IST 2025 NEUTRAL CITATION C/SCA/16613/2025 ORDER DATED: 09/12/2025 undefined Member of Board of Nominees, Surat has decided the interim application which virtually amounts to grant of the final reliefs prayed for in the Lavad Case. The impugned order grants final relief and in the prima-facie opinion of the Court nothing much remains to be adjudicated in the main Lavad Case No. BONSUR202500119. Since the interim relief amounts to the final relief as prayed for in the Lavad case, the impugned judgment and order dated 29.11.2025 is set aside and the Joint Registrar and Member of Board of Nominees, Surat are directed to decide the Lavad Case No. BONSUR202500119 finally, since the prayers in the stay application as well as prayers in the Lavad Case are one and similar. The Joint Registrar and Member of Board of Nominees are directed to hear the parties finally and Lavad Case No. BONSUR202500119 shall be heard and disposed of preferably within a period of Three weeks and in any case before 31.12.2025. The Member of Board of Nominees shall decide the case on its own merits in accordance with law dealing with all the contentions raised by the parties while passing reasoned order. It is made clear that this Court has neither gone into the merits of the matter and nor expressed any opinion thereon.
4. Accordingly, the present writ petition is disposed of. If any application for interim relief is preferred by the Page 2 of 3 Uploaded by SALIM(HC01108) on Tue Dec 09 2025 Downloaded on : Tue Dec 16 20:47:27 IST 2025 NEUTRAL CITATION C/SCA/16613/2025 ORDER DATED: 09/12/2025 undefined petitioners pending the final disposal, the same shall be considered and decided on its own merits in accordance with law by the learned Joint Registrar and Member of Board of Nominees, Surat.
Direct service is permitted today.
(ANIRUDDHA P. MAYEE, J.) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Tue Dec 09 2025 Downloaded on : Tue Dec 16 20:47:27 IST 2025