JUDGMENT :

J.B. Pardiwala, J.

By way of this petition under Article 226 of the Constitution, the petitioner No.1, a debtor and a defaulter of a Co-operative Bank, has prayed for an appropriate writ, order or direction to quash and set aside order dated 8.10.2008 passed by the Registrar, Co-operative Societies, Gujarat State, Gandhinagar in exercise of his powers conferred under section 115A(1) read with section 17 of the Gujarat Co-operative Societies Act, 1961, whereby resolution passed by the Manekchawk Co-operative Bank Limited, Ahmedabad in its Special General Meeting held on 11.8.2008 in respect of its merger with the respondent No.1 bank came to be approved and thereby, order of merger of the Manekchawk Co-operative Bank Limited, Ahmedabad with the respondent No.1 bank came to be passed subject to certain terms and conditions.

2. The case made out by the petitioners in this petition may be summerised as under:

2.1 On 12.4.2001, the petitioner No.1 was granted financial facilities by the Manekchawk Co-operative Bank Limited, a State Co-operative Bank registered under the Gujar