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2021 Supreme(Guj) 192

BIREN VAISHNAV
INDRAPUR SEVA COOPERATIVE SOCIETY LIMITED – Appellant
Versus
VAGHASAR SEVA SAHAKARI MANDLI LIMITED – Respondent


Advocates Appeared:
For the Petitioner: MR. MIHIR JOSHI, SENIOR COUNSEL WITH MR DIPEN DESAI
For the Respondent:MR. JAL UNWALA, SENIOR COUNSEL WITH MS TEJAL A VASHI, MR. PRAKASH JANI, SENIOR COUNSEL WITH MR. SHIVANG P JANI, MR. ASHISH SHAH, ADVOCATE FOR THE APPLICANT IN CIVIL APPLICATION FOR JOINING PARTY

JUDGMENT :

1 In this petition under Article 226 of the Constitution of India, the prayer of the petitioner reads as under:

    “6(A) The Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, direction or order, quashing and setting aside the proceedings of Lavad Suit No. 183 of 2020 preferred by the respondent no.1 before the Board of Nominees, Mehsana, and also be pleased to quash and set aside the order dated 17.11.2020 passed by the Board of Nominees, Mehsana, in Lavad Suit No. 183 of 2020 both annexed at Annexure: A Colly to the present petition.”

2 The facts in brief are as under:

    2.1 The petitioner Nos. 1 and 2 are Cooperative Societies registered under the Gujarat Cooperative Societies Act and members of the respondent No.2 – Mehsana District Cooperative Milk Producers' Union Limited, and petitioners Nos. 3 to 6 are individual members of the respondent No.2 – Union. The respondent No.2, Mehsana District Cooperative Milk Producers' Union is a specified Society under Section 74(C) of the Act. The last elections to the no.2 Union were held in November 2015, and therefore, in accordance with the provisions of Section

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