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2023 Supreme(Guj) 567

A. S. SUPEHIA
Gandhinagar Nagrik Co. Op. Bank Ltd. – Appellant
Versus
District Registrar, Co-operative Societies, Gandhinagar – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.S. Patel, Senior Advocate With Mr. Chirag B. Patel.
For the Respondent: Mr. Rohan Shah, AGP, Mr. Kirtan H. Mistry, Mr. V.C. Vaghela, Mr. C.B. Upadhyaya.

JUDGMENT :

Draft amendment is allowed in terms of draft. The same shall be carried out forthwith.

1. Rule. Learned advocates appearing for the respective respondents waive service of notice of rule.

2. Since a short issue is involved, the writ petition is taken up for final hearing today.

3. By way of the present writ petition, the petitioners-Cooperative Bank has assailed the communication dated 01.02.2023 issued to them calling upon to supply some details within a period of one day as mentioned therein. Instead of providing the details to the District Registrar, Co-operative Societies, Gandhinagar, the petitioners-Cooperative Bank has filed the writ petition challenging the communication terming the same as “show cause notice.”

4. Learned Senior Advocate Mr. B.S. Patel, while placing reliance on the provisions of Section 74D of the Gujarat Co-operative Societies Act, 1961 (for short “the Societies Act”), has submitted that issuance of the show cause notice is without jurisdiction since the Ahmedabad Board of Nominees in Lavad Case No.16 of 2023 filed by respondent nos.2 and 3 has passed an interim order dated 30.01.2023 restricting for holding the election proceedings and the aforesai

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