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2002 Supreme(Guj) 601

J.N.PATEL
ISHWARBHAI NAROTTAMBHAI PATEL – Appellant
Versus
K. H. TRIVEDI – Respondent


Advocates Appeared: B.R.SHAH, K.G.VAKHARIA, TUSHAR MEHTA, U.R.GANDHI

JAYANT PATEL, J.

( 1 ) IN Special Civil Applications No. 305 of 1993 and No. 7113 of 1992 there is a common order and the facts of Special Civil Application No. 476 of 1993 is inter-connected and the inquiry was common and, therefore, all these petitions are being dealt with together by common judgement.

( 2 ) THE short facts of the case are that the petitioners were members of the Executive Committee of Shri Khedut Sahkari Khand Udyog Mandali Ltd. , which is respondent No. 2 herein and which is a registered cooperative society under the Gujarat State Cooperative Societies Act (hereinafter referred to as the "act" ). The society had initially invited offer for supply of certain machinery for its sugar factory and ultimately the contract on turn-key basis was granted to one Bardoli Engineering Works as per the resolution dated 22-5-19984 for the amount of Rs. 13,74,000. 00 (Rupees thirteen lacs seventy-four thousand only ). In the order, it was specifically mentioned that the amount of tax and erection charges are included. It is the case of the petitioner that after the issuance of the aforesaid order there was change in the design and, therefore, certain machinery was additionally

























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