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2008 Supreme(Guj) 572

MOHIT S.SHAH, H.N.DEVANI
Atulbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Tushar Mehta, Senior Advocate For Hardik B. Kalmekh, Advocate
For the Respondent:Nanavati, Senior Advocate For Nanavati Associates

JUDGMENT :

Mohit S. Shah, J.

This appeal under Clause 15 of the Letters Patent is directed against the judgment dated 26.9.2008 of the learned Single Judge, dismissing the Special Civil Application following the decision dated 4/6.09.2008 of another learned Single Judge in Special Civil Application No.1870 of 2006 and allied matters. Since the LPA filed against the said decision dated 4/6.09.2008 filed earlier has already been withdrawn, this appeal is essentially directed against the reasoning of the learned Single Judge in the decision dated 4/6.09.2008, as adopted in the order dated 26.9.2008 under appeal.

2. All the above petitions were filed to challenge certain Byelaws of respondent No.3 – Gujarat State Co-operative Milk Marketing Federation Ltd. In the decision dated 4/6.09.2008, the learned Single Judge held the said Bye-laws to be valid and legal. The appellant is therefore, reiterating his challenge to the said Byelaws in this appeal.

3. The broad facts of the case are not in dispute. Respondent No.3 – Gujarat State Co-operative Milk Marketing Federation Ltd. (hereinafter referred to as "the Federation" or "the respondent Federation") has its registered office at Anand Dairy,

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