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2003 Supreme(Guj) 558

J.N.PATEL
HAREKRISHNA K. VADHWANI – Appellant
Versus
VASUPUJYA SMRUTI CO. OPERATIVE HOUSING SOCIETY LIMITED, VIBHAG-1 – Respondent


Advocates Appeared: C.G.SHARMA, PREMAL R.JOSHI, RAVINDRA SHAH

J. N. PATEL, J.

( 1 ) WHEN Civil Application No. 1552 of 2003 in Special Civil Application No. 5619 of 1999 is taken up for hearing, with the consent of the parties, the main Special Civil Application itself is taken up for final hearing today.

( 2 ) THE short facts of the case are that the petitioner is one of the members of a Cooperative Society, which is divided into three Cooperative Societies. The original Cooperative Society was "vasupujya Smruti Cooperative Housing Society Ltd. " and it has been divided into "vasupujya Smruti Cooperative Housing Society Limited Division-1, Division-2 and Division-3. As per respondent nos. 1 to 5, proper procedure was followed. It appears that a proposal was moved for division and the matter was placed before the General Body of the Society. It appears that certain members were intimated personally. However, 72 members were intimated by Under Postal Certificate (U. P. C. ). The matter was considered before the General Body of the Cooperative Society and ultimately, a resolution was passed for dividing "vasupujya Smruti Cooperative Housing Society Ltd. " into three societies, as referred to hereinabove. The division came to be sanctioned by the














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