Gujarat High Court
The Election Officer, ... vs Patel Ashwinbhai Jethabhai on 31 August, 2023
Bench: Nirzar S. Desai
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
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C/SCA/10980/2023 ORDER DATED: 31/08/2023
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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
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C/SCA/10980/2023 ORDER DATED: 31/08/2023
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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
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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
