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2015 Supreme(Online)(Guj) 15

GUJARAT HIGH COURT
A. S. Dave, J
Liquidator of the Society – Appellant
Versus
State of Gujarat – Respondent


Advocates:
For the Appellants/Petitioners: Mr. M.S. Rao
For the Respondents: Mr. P. K. Jani, Mr. Bharat Jani, Mr. Pranav Desai, Mr. B. H. Bhagat, Mr. K. I. Shah, Mr. C. Z. Shankhla, Mr. K. K. Pujara, Mr. Shramik Bhatt, Mr. Shalin Mehta, Mr. Mihir Thakore, Mr. Dhaval C. Dave, Mr. Ritvij Bhatt

1. The petitioner is a Liquidator of the Society appointed under S.90 (1) of the Multi - State Cooperative Societies Act, 2002. The petitioner is not an Official Liquidator nor is a Liquidator envisaged under the Companies Act, 1956.

2. M/s. Petrofils Co - operative Limited was a National Cooperative Society (the Society for short) in which the Government of India had 84% share capital. The Society was included in Schedule II to the Multi State Co - operative Societies Act, 1984. For the purpose of manufacturing polyester filament yarn, the said Society was formed, in which Government of India was a majority stakeholder to the extent of 84%. The Society was a co - operative society registered under the Multi - State Cooperative Societies Act, 1984. For the purpose of developing the industry Petrofils and township for the employees and staff of Petrofils, land was needed. Gujarat Industrial Development Corporation (GIDC for short) constituted under the Gujarat Industrial Development Act , 1962 (GID Act for short), applied to the State Government for acquisition of land for the Society, necessary for such public purpose. The State Government under a notification dated 9.6.1978 decide







































































































































































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