A single judge bench of the Justice Bhargav D. Karia of Gujarat HC directed the matter to start fresh in the tribunal by remanding it back to the tribunal as they passed the impugned order without considering the fact that Shrenikkumar Champaklal Shah expired on 27.02.2018.
Facts:
The petitioner by this petition has challenged the legality, validity and propriety of the common order dated 12.01.2022 passed below applications Exh.1 and 2 by the Gujarat State Cooperative Tribunal (For short “the Tribunal”) in Misc. Application No. 71 of 2021 filed by respondent no.1. The petitioner by application dated 28.12.2021 informed the Tribunal that Shrenikkumar Champaklal Shah who was arraigned as opponent no.2 in Misc. Application No. 71 of 2021 expired on 27.02.2018. A copy of the Death Certificate dated 06.03.2018 was also produced along with the said application by the petitioner. The said application was taken on record by the Tribunal. The Tribunal also recorded in the impugned order about the said fact.
Learned Senior Advocate for the petitioner at the outset submitted that the Tribunal without considering the fact that Shrenikkumar Champaklal Shah expired on 27.02.2018 passed the impugned order and as such, the impugned order is passed against a dead person.
Observations of the Court
The court relied on the submission of the petitioner with regard to granting leave to appeal or on delay condonation application, that the matter should be remanded back to the Tribunal to permit respondent no.1 to join petitioner and other legal heirs in Misc. Application No. 71 of 2021 in place of late Shrenikkumar Champaklal Shah and the Tribunal may be directed to pass fresh de-novo order after giving an opportunity of hearing to the petitioner and other legal heirs of late Shrenikkumar Champaklal Shah.
Therefore, the impugned common order dated 12.01.2022 passed below Exh.1 and 2 by the Tribunal in Misc. Application No. 71 of 2021 is hereby quashed and set aside. The Tribunal is directed to allow the application filed by respondent no.1 to join the petitioner and other legal heirs of late Shrenikkumar Champaklal Shah in Misc. Application No. 71 of 2021 and thereafter, after giving an opportunity of hearing to the petitioner and other legal heirs of late Shrenikkumar Champaklal Shah, decide applications Exh.1 and 2 filed by respondent no.1 in Misc. Application No. 71 of 2021 at the earliest, preferably within 12 months from the date of receipt of a copy of this order.
Decision:
The petition was disposed of by directing tribunal to allow the application filed by respondent no.1 to join the petitioner and other legal heirs of late Shrenikkumar Champaklal Shah in Misc. Application No. 71 of 2021 and thereafter, after giving an opportunity of hearing to the petitioner and other legal heirs of late Shrenikkumar Champaklal Shah. the impugned common order dated 12.01.2022 passed below Exh.1 and 2 by the Tribunal in Misc. Application No. 71 of 2021 is hereby quashed and set aside.
Case: ALPABEN SHRENIKBHAI SHAH vs NARENDRA MAGANLAL PATEL
Citation: R/SPECIAL CIVIL APPLICATION NO. 1708 of 2022
Coram: Justice Bhargav D. Karia
Dated: 08.11.2022
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