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1974 Supreme(Guj) 126

B.K.MEHTA, J.B.MEHTA
JOSHI INDULAL VALLABRAM – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.V.JANI, V.P.Shah

B. K. MEHTA, J. B. MEHTA, J.

( 1 ) THE petitioner herein on behalf of himself and 28 other share-holders similarly situated like him has filed this petition in representative capacity under Order I Rule 8 of the Civil Procedure Code challenging the coercive recovery proceedings initiated by respondent No. 4 herein who is Additional Special Recovery Officer Co-operative Societies of Mehsana district at the instance of respondent No. 3 who happens to be Liquidator of the society known as Kheralu Taluka Utpan Kharid Vechan Sangh Limited for recovery of contributions remaining unpaid by the petitioner and other share-holders represented by him since they happen to be share-holders of the aforesaid society.

( 2 ) IN order to appreciate the contentions which have been urged by Miss V. P. Shah the learned Advocate appearing on behalf of the petitioner a few facts need be stated.

( 3 ) THE aforesaid society was registered under the Sahakari Mandali Nibandh (a law pertaining to Co operative Societies) as was in force In the erstwhile State of Baroda on October 6 1947 The said society was registered as a society limited by guarantee and according to Clause 6 of the Bye-laws of the said societ















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