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1971 Supreme(Guj) 87

J.B.MEHTA, B.K.MEHTA
CHORYASI TALUKA DUDH VECHAN KARNARI SAHAKARI MANDALI LIMITED – Appellant
Versus
SURAT DISTRICT COMPANY OF MILK PRODUCERS UNION – Respondent


Advocates Appeared: K.H.KAJI, N.R.OZA

J. B. MEHTA, J.

( 1 ) THE petitioner member society and its manager challenge in this petition the order passed by respondent No. 2 District Registrar under the Gujarat Co-operative Societies Act 1961 hereinafter referred to as the Act referring the dispute between the petitioner and respondent No. 1 federal society as per the order at Annexure A dated June 9 1969 to the nominee respondent No. 3 for resolution of that dispute. The petitioner has challenged this order on three grounds:- (1) That sec. 96 of the Act providing for the statutory arbitration is ultra vires (2) That in any event the District Registrar having not given a reasoned order the impugned order is void order and (3) that as respondent No. 2 was an ex-officio director of the federal society he could not have remained indifferent and situated as he was there was a conflict of interest and duty and therefore such a biased person was disqualified from deciding this preliminary question under sec. 96 (2) of the Act.

( 2 ) AS regards the first question the point is now concluded by the decision of the Division Bench consisting of the learned Chief Justice and D. A. Desai J. in Rasiklal v. Kailasgavri XII G. L. R. 355. T


















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