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2014 Supreme(Guj) 357

RAVI R.TRIPATHI, MOHINDER PAL
SHREE RAJKOT DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD – Appellant
Versus
BHANUBHAI LABHUBHAI MEHTA – Respondent


Advocates:
Advocate Appeared
LPA No.973 of 2013:
MR.S.I. NANAVATI, SENIOR ADVOCATE WITH MR.NAVIN PAHWA FOR M/S THAKKAR ASSOC., ADVOCATE for the Appellant(s) No. 1
MR.B.B. NAIK, SENIOR ADVOCATE WITH MR BHARAT T RAO, ADVOCATE for the Respondent(s) No. 1 – 3
MR.P.K. JANI, GOVERNMENT PLEADER ASSISTED BY MR.NIRAJ ASHAR, ASSISTANT GOVERNMENT PLEADER for respondent no.4.
LPA No.1252 of 2013:
MR.P.K. JANI, GOVERNMENT PLEADER ASSISTED BY MR.NIRAJ ASHAR, ASSISTANT GOVERNMENT PLEADER for appellants.
MR.B.B. NAIK, SENIOR ADVOCATE WITH MR BHARAT T RAO, ADVOCATE for the respondents.
LPA No.1347 of 2013 :
MR.S.I. NANAVATI, SENIOR ADVOCATE WITH MR.NAVIN PAHWA FOR M/S THAKKAR ASSOC., ADVOCATE for appellant.
MR.P.K. JANI, GOVERNMENT PLEADER ASSISTED BY MR.NIRAJ ASHAR, ASSISTANT GOVERNMENT PLEADER for respondent no.1.
MR.B.B. NAIK, SENIOR ADVOCATE WITH MR BHARAT T RAO, ADVOCATE for respondents no.3 – 5.

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)

Letters Patent Appeal (LPA) No.973 of 2013 is filed by Shree Rajkot District Cooperative Milk Producers’ Union Limited being aggrieved by judgment and order passed by the learned Single Judge in Special Civil Application (SCA) No.10076 of 2013 dated 08.07.2013. SCA No.10076 of 2013 was filed by three petitioners, namely, Bhanubhai Labhubhai Mehta, Babubhai Bavanjibhai Nasit and Parshottambhai Keshabhai Savaliya.

2. The learned Single Judge was pleased to pass the following operative order:

“34. For the reasons stated above, the petition is allowed. The impugned order dated 18.6.2013 is quashed and set aside. The petitioners are held entitled to continue as Government representatives on the Managing Committee of respondent No.3 Sangh on the basis of the order dated 4.3.2013 irrespective of the impugned order dated 18.6.2013. The respondents are directed to permit the petitioners to work and discharge their duties as Government nominees/ representatives on the Managing Committee of respondent No.3 Sangh. Rule is made absolute.

35. At this stage, learned advocate Mr. Pahwa requested to stay and suspend the operation of this ju




































































































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