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2014 Supreme(SC) 815

V.GOPALA GOWDA, ADARSH KUMAR GOEL
RAJKOT DISTT COOPERATIVE BANK LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


JUDGMENT

V.GOPALA GOWDA, J.

The applications for impleadment filed in the SLP(C) Nos. 29726 of 2013, 29727 of 2013 and 29728 of 2013 are allowed. Leave granted in all the special leave petitions.

2. The appellants before this Court have filed these appeals questioning the correctness of the impugned orders dated 15.11.2011, 30.1.2012 (passed by the Division Bench) and common impugned order dated 04.07.2013 (passed by the full Bench) of the High Court of Gujarat at Ahmedabad.

3. Since all the appeals are identical in nature, we would refer to the facts of the case arising out of Civil Appeal @ SLP(C) NO. 26017 of 2013 for the sake of convenience and brevity and for examining the rival legal contentions urged in these appeals.

4. The State of Gujarat enacted and put on the statute book, Gujarat Cooperative Societies Act of 1961 (in short “the Act”) in order to consolidate and amend the laws relating to the cooperative societies in the State of Gujarat. Thereafter, the Act was amended by the Act of 1982. Initially, as per the Act of 1961, the Managing Committee of the Co-operative Society was to be constituted in accordance with the Act, Rules and bye-laws. By the Act of 1982, the proviso





















































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