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2016 Supreme(Guj) 878

ABHILASHA KUMARI
Ratilal Parbhudas Patel – Appellant
Versus
Shivshanker Co-Operative Housing Society Ltd. – Respondent


Advocates Appeared:
For the Appellant :Dev Patel for Mehul Sharad Shah, Advocate.

JUDGMENT :

Abhilasha Kumari, J.

1. This petition under Article-226 of the Constitution of India has been preferred by the petitioner, with a prayer to quash and set aside the impugned judgment dated 25.11.2004, passed by the Gujarat State Cooperative Tribunal, Ahmedabad ("the Tribunal" for short) in Appeal No. 429/2001 and to restore the judgment and order dated 09.04.2001, passed by the Board of Nominees, Mehsana, in Lavad Suit No. 433/1987 (new No. 321/1990).

2. Rule was issued in the petition on 27.06.2006. Though served, none appears for the respondent-Shivshanker Cooperative Housing Society Limited. Even after the passage of several years, the position has remained the same and the respondent-Society has chosen not to put in an appearance before the Court. In order to do complete justice, this Court has requested Mr. Neeraj Ashar, learned Assistant Government Pleader to assist the Court, as the State Government is not party to the proceedings. He has kindly consented to do so.

3. A brief factual background of the matter is required to be narrated. The petitioner herein was appointed as the Secretary of the respondent-Society, by a Resolution dated 31.08.1986 and was performing his

















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