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1997 Supreme(Guj) 1

S.D.PANDIT
VADODARA DIST CO OPERATIVE MILK PRODUCERS UNION LIMITED – Appellant
Versus
K. V. ACHARYA,deputy REGISTRAR and MEMBER OF BOARD OF NOMINEES – Respondent


Advocates Appeared: B.S.PATEL, K.M.PARIKH, RANJAN B.PATEL

S. D. PANDIT, J.

( 1 ) RULE. I have heard the Advocates for both the sides at length on merits, and, therefore, I proceed to dispose off this petition finally at this stage.

( 2 ) THE petitioner is a registered Co-operative Milk Producers Union established under the provisions of Gujarat Co-operative Societies Act, 1961. The respondent restraining the Respondents from proceeding with a suit. No. 2 is a member-society of petitioner No. 1. The Managing Board of the petitionersociety had taken decision to amend some of its bye-laws pertaining to election of the Board of the Trustees. Thereafter, it was decided to put up the said decision and to amend the bye-laws for the purpose of approval by the General Body of the petitioner-society and for the purpose of doing same, the General Body Meeting of the petitioner-society was summoned on 20th June, 1996.

( 3 ) THE respondent No. 2 society filed Lavad Case No. 924 of 1996 on 27-6- 1996 before the respondent No. 1 and obtained an order of ad interim injunction against the petitioner-society to discuss and to resolve the proposed amendments in the bye-laws. It is the case of the petitioner that the petitioner had filed a Caveat application











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