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2008 Supreme(Guj) 341

JAYANT PATEL
Ashapura Arcadia Logistic Pvt. Ltd. Through Director - Arvind Kantilal Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Sandip C. Shah as Advocate for the Petitioner(s) no. 1
None Appearance for Respondent(s) no. 1-2
Mr. Shirish Joshi as Advocate for the Respondent(s) no. 3

Jugement

1. As the. proceedings of the petition as well as Misc. Civil Application No. 2445/08, they are being considered by this common order.

2. The. short facts of the case appears to be that Jamnagar Telibiya Utpadak Sahkar Sangh Ltd.(hereinafter referred to as the “Sangh/Society” for short) was ordered to be liquidated by the competent authority under the Gujarat Cooperative. Societies Act(hereinafter referred to as the “Act”) in exercise of the power under Section 107 read with Section 108 of the Act. The liquidator for liquidation proceeding was also appointed. As a part of the liquidation proceedings one of the works to be undertaken by the liquidator is to dispose of the property of the Society in liquidation. Therefore, he had undertaken the process for such purpose. As per the Society, it was haying one of the property bearing Survey No. 1522 located at Jamnagar admeasuring 4,03,337 sq. ft. and another land bearing Survey No.211 located in the same, city bearing 1,01,037 sq. ft. It appears that the then liquidator of the Society in an arbitrary manner, had entered into a transaction for sale of the aforesaid property at a very meager price coupled with the. allegations of










































































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