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2008 Supreme(Guj) 369

JAYANT PATEL
DEVAVRAT SHIV APRASAD BHATT – Appellant
Versus
HOUSING URBAN DEVELOPMENT CORPORATION – Respondent


Advocates appeared:
Vikram J. Thakor, for the Petitioner.
Mrs. Mauna M. Bhatt, for Respondent No. I.
Notice Served by D. S. for Respondent Nos. 2 to 4.
Unserved-Refused (N) for Respondent No.5.

JA Y ANT PATEL, J. In all the petitions, as common questions arise for consideration, they are being considered by this common judgment.

2. Heard Mr. Thakore for the petitioners in all the petitions, Mr. M. R. Bhatt, learned Counsel for respondent No. I-Corporation in all the petitions, respondent No. 2 is joined in capacity as the recovery officer of the Tribunal who has exercised the statutory power pursuant to the judgment and A ward of the Tribunal, and therefore, no individual interest exist of him. Respondent No. 3 is the custodian of respondent No.4-Society, who has remained personally present and has made submission as recorded hereinafter. The presence of respondent No. 5 as such is not required since respondent No. 5 floated the scheme at the initial stage and in any case, no judgment and Award has been passed against respondent No. 5 by the Tribunal. The matter is heard for final disposal.

3. The short facts of the case appears to be that the petitioners are the members of Viratnagar Co-operative Housing Society Ltd. (hereinafter referred to "the Society"), respondent No. 4 herein. The Society during the period when it was under the control of developer/builder/promoter, h













































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