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2022 Supreme(Guj) 11

J. B. PARDIWALA, NIRAL R. MEHTA
VAGHASAR SEVA SAHAKARI MANDLI LIMITED – Appellant
Versus
MEHSANA DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED – Respondent


Advocates Appeared:
For The Appellant : MR PK JANI SENIOR COUNSEL WITH MR SHIVANG P JANI
For The Respondent: MR MIHIR JOSHI SENIOR COUNSEL WITH MR DIPEN DESAI

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:

    “Plaintiff:- (1) Vaghasar Service Co-Operative Society Limited, at Vaghasar, Post Kansa, Taluka Saraswati, District: Patan.

Versus.

Defendants:- (1) The Mehsana District

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