( 1 ) THE short facts of the case are that the petitioner is a registered Cooperative Society duly registered under the provisions of Gujarat State Cooperative Societies Act (hereinafter referred to as the "act" ). Respondents No. 1, 2, and 3 are the members of the petitioner society. The petitioner society had taken loan from Mehsana District Central Coop Bank Limited for the purpose of construction of "a" type and "b" type flats. It is the case of the petitioner society that the amount of the loan is used for the purpose of construction of the flats and the society has apportioned the liability amongst its all members including the respondent members and it is also maintaining separate accounts for each member. It is the case of the petitioner that so far as the bank is concerned, there is only one loan account and bank is not maintaining any separate accounts for each member of the society.

( 2 ) THE contention of respondents No. 1,2, and 3 is that the petitioner floated a scheme by giving public advertisement that if the members of the petitioner society, who are interested to pay off the amount of outstanding loan, they may directly approach the bank and if suc