J. B. PARDIWALA, NIRAL R. MEHTA
VAGHASAR SEVA SAHAKARI MANDLI LIMITED – Appellant
Versus
MEHSANA DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED – Respondent
JUDGMENT :
J.B.PARDIWALA, J.
1. This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful original respondent No.1 of a writ application filed by the respondents Nos.4 to 9 herein (original writ applicants) and is directed against the judgement and order passed by a learned Single Judge of this Court dated 10th February 2021 in the Special Civil Application No.15478 of 2020, whereby the learned Single Judge allowed the writ application holding that the Lavad Suit instituted by the appellant herein before the Board of Nominees is not maintainable as the Board of Nominees has no jurisdiction to try such a suit in view of the specific bar of Section 145U of the Gujarat Cooperative Societies Act, 1961 (for short, “the Act, 1961”).
2. The facts giving rise to the present appeal may be summarized as under:
3. The appellant herein instituted the Lavad (Arbitration) Case No.183 of 2020 in the Court of the Board of Nominees at Mehsana under Section 96 of the Act, 1961. The original plaint reads thus:
Versus.
Defendants:- (1) The Mehsana District
Union of India v. Maj I.C. Lala
N.P.Ponnuswami vs. Returning Officer
State of West Bengal v. Union of India
The South India Corporation (P.) Ltd., v. The Secretary, Board of Revenue, Trivandrum & Anr.
Vishin N. Kanchandani v. Vidya Lachmandas Khanchandani
State Bank of West Bengal v. Union of India
Madhav Rao Jivaji Rao Scindia v. Union of India and another (1971) 1 SCC 85
R.S. Raghunath v. State of Karnataka and another (1992) 1 SCC 335
Aswini Kumar Ghose v. Arabinda Bose
Dominion of India v. Shrinbai A. Irani
Chandravarkar Sita Ratna Rao v. Ashalata S. Guram (1986) 4 SCC 447
A.G. Varadarajulu v. State of Tamil Nadu (1998) 4 SCC 231
T. C. Basappa vs. Nagappa reported in AIR 1954 SC 440
M/s. East India Commercial Company Ltd. Calcutta v. Collector of Customs, Calcutta
S. Govindan Menon vs. Union of India reported in AIR 1967 SC 1274
M/s Doypack Systems Pvt. Ltd. vs. Union of India and Others (1988) 2 SCC 299 at 302
Renusagar Power Co. Ltd. vs. General Electric Company and Another (1984) 4 SCC 679
Thyssen Stahlunion GMBH vs. Steel Authority of India Ltd. (1999) 9 SCC 334
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