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1986 DIGILAW 599 (SC)

Assistant District Registrar, Co Operative Housing Society LTD. : District Co Operative Societies Industries (Surat) v. Vikrambhai Ratilal Dalal: Mohd. Kadar Rangooni

1986-11-27

E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY

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ORDER The only question in this appeal is about the vires of Section 96(l)(c) of the Gujarat Co-operative Societies Act, 1961. This provision has been struck down by a Division Bench of the Gujarat High Court in Rasiklal Patel v. Kailasgauri Ramanlal Mehta". We have perused the judgment of the Gujarat High Court and we are unable to find any justification for interfering with the view taken by the Gujarat High Court. We may also add that the decision of the Gujarat High Court has stood for sixteen years and many thousands of transactions must have taken place on the basis of correctness of this judgment. We see no justification for interference in this case. The decision in Maganlal Chhagganlal (P) Ltd. v. Municipal Corporation of Greater Bombay2, on which reliance was placed by learned counsel for the appellant has no relevance whatsoever. These appeals are accordingly dismissed. No costs. For Citation : 1987 (Supp) SCC 27.