(J.B.PARDIWALA)

1. As common questions of fact and law are involved in both the above captioned petitions, those were heard analogously and are being decided by this common judgment and order.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner, a guarantor of the respondent no.1 Bank, seeks to challenge the order dated 18th January 2013 passed by the Gujarat State Cooperative Tribunal, Ahmedabad, in Misc. Application No.82 of 2012 for condonation of delay in filing an appeal against the judgment and award passed by the Board of Nominees in Arbitration Case No.2393 of 2002, by which the Tribunal refused to condone the delay and thereby rejected the application.

3. The petitioner has also challenged the constitutional validity of Sections 96, 102, 110 and 166 of the Gujarat Cooperative Societies Act, 1961.

4. The case made out by the petitioner in this petition may be summarised as under :

5. The petitioner stood as a guarantor on behalf of the respondent nos.2 to 6 who availed of some financial facilities from the respondent no.1 Bank. The respondent no.2 is a partnership firm being the principal borrower and the respondent nos.3 to 6