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VAIBHAVI D. NANAVATI
Shree Gondal Taluka Gopalak Maldhari – Appellant
Versus
Board Of Nominees – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Mr.Amit Joshi, learned advocate appearing for the petitioner and Mr.B.T. Rao, learned advocate appearing for the respondent no.3.
2. By way of the present petition, the petitioner herein has approached this Court, challenging the order dated 01.07.2003 passed by the respondent no.1 in Summary Lavad Case No.429 of 2003, duly produced at Annexure – A and has prayed for the following reliefs:-
(B) Pending admission and final disposal of this petition, Your Lordships will be pleased to stay the order at Annexure-B and the proceedings of execution initiated thereupon at Annexure-G to this petition, in the interest of justice;
(C) Be pleased to award the cost of this petition;
(D) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."
3. Being aggrieved by the said order, the pet
Failure to apply for defense in a summary suit under the Gujarat Co-operative Societies Act results in acceptance of the claims made by the plaintiff.
The liability of the guarantor is coextensive with that of the principal debtor unless explicitly provided otherwise in the contract (Section 128 of the Indian Contract Act, 1872). The creditor has t....
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
The liability of the guarantor under Section 128 of the Indian Contract Act, 1872 was a key legal principle discussed in the judgment, emphasizing that the guarantor's liability is coextensive with t....
The main legal point established in the judgment is the requirement for separate consideration of evidence and separate judgments and awards in cases involving multiple defendants and allegations, as....
The court established that the inclusion of necessary parties is essential for justice, and the arbitrator must utilize their powers to summon witnesses in cases involving allegations of fraud.
Point of law: Tribunal, after taking into consideration the fact that the petitioner along with respondent Nos. 3 and 4 have failed to deposit 25% of the amount to contest the Lavad Suit as condition....
The court established that under the MCS Act, the issuance of recovery certificates involves a summary inquiry focused on the quantification of arrears, and that disputes requiring evidence must be a....
The court established that excessive delay in seeking leave to defend in co-operative society disputes cannot be condoned without sufficient justification.
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