Gujarat High Court
Binaben Ghanshyambhai Patel vs State Of Gujarat,The Registrar Of ... on 27 October, 2021
Bench: Bhargav D. Karia
C/SCA/16330/2021 ORDER DATED: 27/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16330 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 16332 of 2021
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BINABEN GHANSHYAMBHAI PATEL
Versus
STATE OF GUJARAT,THE REGISTRAR OF COOPERATIVE SOCIETIES
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Appearance:
MR. MANOJ T DANAK(6264) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 27/10/2021
COMMON ORAL ORDER
Heard learned advocate Mr.Manoj T. Danak for
the petitioners.
1. Learned advocate Mr.Danak has placed on
record only two documents i.e. copy of the Award
dated 3rd January, 2019 and a copy of the auction
Notice dated 22nd September, 2021. Learned
advocate Mr.Danak has not placed on record the
relevant documents of the loan advanced by the
respondent No.4-Bank and record which was
produced by the respondent No.4-Bank before the
Board of Nominees as stated in the judgment
passed by the Board of Nominees at page No.14.
2. It is contended by learned advocate Mr.Danak
that the petitioner No.1 is a widow having three
minor children and she does not have any of the
C/SCA/16330/2021 ORDER DATED: 27/10/2021
documents with her.
3. Learned advocate Mr.Danak has also submitted
that the Board of Nominees could not have pass
the impugned Judgment and Decree in the year 2019
in view of the decision of the Andhra Pradesh
High Court in case of M. Babu Rao V/s. Seputy
Registrar of Co-operative Societies / Officer on
Special Duty, Vasavi Co-Op. Urban Bank Ltd.,
Malakpet, Hyderabad1 as the appropriate remedy
for the respondent No.4 would be under the
provision of the Securitisation and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
4. However, it is pertinent to note that though
the petitioner No.1 has not produced relevant
documents on record, there is an alternative
efficacious remedy available to the petitioner
No.1 to challenge the Judgment and Decree passed
by the Board of Nominees before the Gujarat State
Co-Operative Tribunal under provisions of Gujarat
Co-Operative Societies Act, 1961 to raise the
contentions which are raised in these petitions.
5. It is also apparent from the record produced
by the petitioner No.1 that sale notice was
issued on 22nd September, 2021 by the Sale Officer
of the respondent No.4. The petitioner No.1 has
not explained the delay of more than one month to
1 LAWS (APH) 2005 7 50
C/SCA/16330/2021 ORDER DATED: 27/10/2021
approach this Court as these petitions are filed
on 24th October, 2021.
6. In view of the above facts, no indulgence can
be shown at this stage and the petitioners, if
aggrieved, can file appropriate proceedings
before the Gujarat State Co-Operative Tribunal
and the proceedings which are initiated for the
sale of the property by the notice dated 22nd
September, 2021 shall be subject to outcome of
the proceedings if filed by the petitioners.
7. With the aforesaid observation, the petitions
are disposed of.
(BHARGAV D. KARIA, J)
PALAK
