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2021 Supreme(Chh) 236

GOUTAM BHADURI
Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel – Appellant
Versus
State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department – Respondent


Advocate Appeared:
For the Petitioner:Mr. Manoj Paranjpe, Mr. Amit Soni, Mr. Abhyuday Singh, Priyanshu Gupta, Mr. Prasoon Agrawal, Mr. Mayank Chandrakar & Mr. Karri Rohan, Advocates.
For the Respondent:Mr. Amrito Das, Addl. Advocate General, Harak Jain, Dr. N.K. Shukla, Sr. Advocate with Mr. Arijit Tiwari, Advocate.

JUDGMENT :

1. As the facts and the questions of law involved in all these petitions being similar, they are decided by this common order.

2. The lead petition is WPC No. 1721 of 2020 filed by Modern Medical Institute Society Lalpur and Suresh Goyal. The challenge in this petition is to the order dated 21.07.2020 passed by the Chhattisgarh State Commerce and Industries Department whereby an appeal preferred by respondent No.3 Harak Jain, one of the members of the Society was allowed u/s 40 of the C.G. Societies Registration Act, 1973 (hereinafter referred to as “the Act of 1973”). The different round of litigation which initially started in the year 2007 eventually culminated by the impugned order.

3. The facts giving rise to the present cases are that the Modern Medical Institute Society was registered under the Chhattisgarh Societies Registration Act, 1973. The Society initially comprised of 11 founder members and was constituted with an object of providing medical treatment of super-specialty to the people of the region. With passage of time, two founder-members resigned thereby 9 members remained to continue and during such period several members were admitted to the membership. In

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