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2016 Supreme(Guj) 2014

N.V.ANJARIA
KUVRABHAI BHARABHAI BHARVAD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR BS PATEL WITH MR KEYUR A VYAS, ADVOCATE, MR NATVAR D BHARWAD, ADVOCATE,
For the Respondent:MR BHARGAV PANDYA, AGP, MR DHAVAL DAVE, SR. ADVOCATE WITH MR SHIVANG J SHUKLA, ADVOCATE

JUDGMENT :

The present Civil Application is filed as the applicant wants himself to be impleaded as party respondent in the main petition. The applicant is a member of the Uchvan Gopalak Dudh Utpadak Sahakari Mandli Limited. The said cooperative society is the petitioner in the main petition being Special Civil Application No.268 of 2015. Therein the challenge is directed against the order passed by the third respondent-the Special Auditor (Milk), Surat. Thereby the said authority has directed re-auditing of the accounts of the petitioner-cooperative society under sub-section (5) of Section 84 of the Gujarat Cooperative Societies Act, 1961.

2. The applicant herein happens to be a person upon whose application the aforesaid impugned order directing re-audit came to be passed. The petitioner had paid fees of Rs.50,000/- and had requested the third respondent to undertake re-audit alleging certain irregularities in the accounts. The third respondent accepted the request of the applicant to exercise powers under Section 84(5) of the Act to do re-audit. Narrating the aforesaid facts and circumstances, learned advocate Mr.B.S. Patel for the applicant pressed to submit that the petitioner i















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