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2008 Supreme(Guj) 188

JAYANT PATEL
Rajendra S. Reddy – Appellant
Versus
Additional Registrar (Appeals) – Respondent


Advocates:
Appearance :
Mr. Ravindra Shah, for the Petitioner No. 1.
Government Pleader, for the Respondents No. 1 - 2.
Mr. B.S. Patel, for the Respondents No. 3 - 5.
Mrs. Ranjan B. Patel, for the Respondents No. 3 - 5.
Mr. Mehul S. Shah, for the Respondent No. 3.
Mr. Suresh M. Shah, for the Respondent No. 3.

Judgment

Jayant Patel, J.—The short facts of the case appears to be that the petitioner was served with the notice for expulsion as the member by the Respondent No. 3 Society on the ground that he has approached to the Court by initiating litigation and therefore, there was wastage of money of the Society and hence, detrimental to the interest of the Society. The petitioner was called upon to explain as to why he should not be expelled as a member of the Society.

2. It is the case of the petitioner that he was not served with the notice and as a result thereof, he could not appear before the General Board whereas, as per the Society, the opportunity was given, but the same has not been availed of by the petitioner. On 31.05.2002, ultimately in the special general meeting of the Society, the Resolution was passed for expulsion of the petitioner as the member. It was sent to the District Registrar for approval. The District Registrar, ultimately, after hearing both the sides, granted approval vide order dated 25.07.2002. The petitioner carried the matter before the higher forum being Additional Registrar (Appeals) by preferring Appeal No.74/02. The said appeal also came to be dismissed























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