Gujarat High Court
Vadhasar Dudh Utpadak Sahakari ... vs The Momaipura Mahila Dudh Utpadak ... on 1 March, 2023
Bench: Biren Vaishnav
C/LPA/193/2023 ORDER DATED: 01/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 193 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 16443 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 193 of 2023
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VADHASAR DUDH UTPADAK SAHAKARI MANDLI LIMITED
Versus
THE MOMAIPURA MAHILA DUDH UTPADAK SAHAKARI MANDLI LIMITED
=============================================
Appearance:
MR PK JANI, SENIOR ADVOCATE WITH MR SHIVANG P JANI(8285) for
the Appellant(s) No. 1
MR DIPEN DESAI(2481) for the Respondent(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 2,3,5
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 01/03/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
A.J.DESAI)
1. Learned advocate for the appellant seeks leave
of the Court to delete respondent No.4. Permission to
delete respondent No.4 is granted since it is a formal
party.
2. Admit. By consent of learned advocates
appearing for the parties, present appeal is taken up for
final disposal.
C/LPA/193/2023 ORDER DATED: 01/03/2023
3. By way of present appeal under Clause 15 of
the Letters Patent, Vadhasar Dudh Utpadak Sahakari
Mandli Limited, who is original respondent No.2 in
Special Civil Application No.16443 of 2020 has
challenged the CAV judgment dated 30.09.2022 passed
by the learned Single Judge in six different writ petitions.
By the said decision, the learned Single Judge has
quashed and set aside the orders passed by the appellate
authority by which registration of respondent No.1
society was cancelled. By the said order passed in Appeal
No.53 of 2019, registration No.NDHN/01/K/115/2019 of
respondent No.1 came to be quashed and set aside. The
effect of the order of learned Single Judge would be the
aforesaid registration number would come in existence
qua respondent No.1 society.
4. Mr.P.K.Jani, learned Senior Advocate with
Mr.Shivang Jani, learned advocate for the appellant,
Mr.Dipen Desai, learned advocate for respondent No.1
and Mr.Sahil Trivedi, learned Assistant Government
C/LPA/193/2023 ORDER DATED: 01/03/2023
Pleader for respondent Nos.2, 3 and 5 argued the matter
for some time. However, learned advocate for the original
petitioner - respondent No.1 herein under instructions
states that present respondent No.1 - original petitioner
would like to file a revision application under Section 155
of the Gujarat Cooperative Societies Act, 1961, before the
revisional authority since the orders passed by the
appellate authority can be examined by the revisional
authority.
5. Considering the above aspect, we pass the
following order :
(i) The CAV judgment dated 30.09.2022
passed by the learned Single Judge is
quashed and set aside qua Special Civil
Application No.16443 of 2020 filed by
respondent No.1 herein since other
respondents of the remaining other five
original petitions have not challenged the
decision passed by the learned Single Judge.
C/LPA/193/2023 ORDER DATED: 01/03/2023
(ii) Respondent No.1 shall file the revision
application within a period of four weeks from
today. The revisional authority shall decide
the revision application in accordance with
law, as early possible and preferably within a
period of three months from the date of filing
of the revision application. The revisional
authority shall decide the same after giving
opportunity to all concerned and without
being influenced by the order passed by the
learned Single Judge as well as by the present
order.
(iii) It is hereby made clear that the
registration granted in favour of present
respondent No.1 shall remain in existence till
the revision application is decided and
thereafter for a period of two weeks if the
revision application filed at the instance of
respondent No.1 is dismissed.
C/LPA/193/2023 ORDER DATED: 01/03/2023
(iv) We have not expressed any opinion with
regard to the merits of the case.
(v) In view of the order passed in the main
appeal, Civil Application No.1 of 2022 does
not survive and it stands disposed of.
(A.J.DESAI, ACJ)
(BIREN VAISHNAV, J)
GAURAV J THAKER
