Ambalal J. Patel v. Inquiry Officer Ghanshyambhai S. Mishra, Ridrol
2010-08-02
M.R.SHAH
body2010
DigiLaw.ai
Judgment M.R. Shah, J.—Rule. Ms. Trusha K. Patel, learned Assistant Government Pleader waives service of notice of Rule on behalf of Respondent No. 2. Shri C.C. Bhalja, learned Advocate waives service of notice of Rule on behalf of Respondent No. 3. 1. In both these petitions, respective petitioners i.e. members of the Managing committee of Respondent No. 3 Society as well as Secretary of the said Society have prayed for appropriate writ, direction or order quashing and setting aside the interim order passed by the Gujarat Co-operative Societies Tribunal in Appeal No. 36/2010, by which the learned Tribunal has refused to grant stay so far as the Secretary of the Society is concerned and has granted conditional interim stay so far as the petitioners of Special Civil Application No. 7054/2010 i.e. members of the managing committee of Respondent No. 3 Society i.e. appellant Nos.2 to 5 of the Appeal No. 36/2010 are concerned. It appears that while considering the stay application, the learned Tribunal has directed to pay 50% of Rs. 1,12,352.57 ps. by Secretary of the Society as well as by members of the managing committee of Respondent No. 3 Society. 2. Learned Advocates appearing on behalf of respective parties have tried to make submissions on merits of the case and on legality and validity of the order passed under Section 93 of the Gujarat Co-operative Societies Act, which is impugned before the Tribunal. However, as Appeal No. 36/2010 is yet to be considered and decided and disposed of by the learned Tribunal on merits, this Court is not further considering the submissions made by learned Advocates appearing for respective parties, more particularly, when the present Special Civil Applications are against interim order passed by the learned Tribunal. 3. Shri Baiju Joshi, learned Advocate appearing on behalf of the petitioners has submitted that so far as petitioners of Special Civil Application No. 7054/2010 i.e. members of the managing committee of Respondent No. 3 Society are concerned, they are ready and willing to deposit the amount as directed by the Tribunal, however, they will deposit the amount with the Tribunal and not with the Society as directed by the Tribunal and let the said amount be invested by the Tribunal in any fixed deposit subject to the ultimate outcome of the Appeal.
It is further submitted by Shri Baiju Joshi, learned Advocate appearing on behalf of the petitioners of Special Civil Application No. 7055/2010 i.e. Secretary of the Respondent No. 3 Society that considering his financial position, he shall deposit the amount of Rs. 25,000/- with the Tribunal to show his bona fides and for rest of the amount, he shall file an undertaking before the Tribunal that the said amount shall be paid by him subject to outcome of the Appeal and within stipulated time that may be directed by the Tribunal, however, the same shall be without prejudice to his rights and contentions to challenge the order that may be passed by the Tribunal (in case the decision is against him). It is further submitted that the amount that may be deposited by petitioner of Special Civil Application No. 7055/2010 may also be directed to be invested in Tribunal in fixed deposit in the name of Nazir/Registrar, which shall be paid to the respective parties on conclusion of the Appeal No. 36/2010 and subject to ultimate outcome of the same. Therefore, it is requested to dispose of the present Special Civil Applications. 4. Shri Bhalja, learned Advocate appearing on behalf of the Respondent No. 3 Society has requested to pass appropriate order considering the above submissions and to protect the interest of both the parties. 5. Having heard learned Advocates appearing on behalf of respective parties and considering the fact stated herein above and the submissions made by the learned Advocates appearing on behalf of respective parties referred to herein above, present Special Civil Applications are disposed of and it is directed that there shall be stay of the order passed by the Respondent No. 1 dated 27.12.2004 passed in inquiry under Section 93 of the Gujarat Co-operative Societies Act pending hearing and final disposal of Appeal No. 36/2010 on condition that petitioner of Special Civil Application No. 7055/2010 shall deposit a sum of Rs. 25,000/- with the Tribunal within a period of two weeks from today and petitioners of Special Civil Application No. 7054/2010 are directed to deposit a sum of Rs.
25,000/- with the Tribunal within a period of two weeks from today and petitioners of Special Civil Application No. 7054/2010 are directed to deposit a sum of Rs. 5,000/- each as directed by the Tribunal, also within a period of two weeks from today with the Tribunal and on such deposit, the Tribunal is directed to invest the same in fixed deposit, initially for a period of one year in the name of Registrar and whoever succeeds in the Appeal, an appropriate order shall be passed by the Tribunal to return the said amount to the party who succeeds. Petitioner of Special Civil Application No. 7055/2010 shall file an undertaking within a period of two weeks from today in the Tribunal with a copy to the learned Advocate appearing on behalf of Respondent No. 3 Society that he shall deposit/pay the balance amount within such a period that may be directed by the Tribunal, in case he loses in the said Appeal. However, the same shall be without prejudice to his rights and contentions to challenge the order passed by the Tribunal that may be passed. 6. With this, both these petitions are disposed and/or the order passed by the Tribunal dated 12th May 2010 in Appeal No. 36/2010 is modified to the aforesaid extent. It is made clear that there shall be stay as stated above only with respect to the petitioners only. Rule is made absolute to the aforesaid extent in both the petitions. Ad-interim relief granted earlier stands vacated forthwith in both the petitions. No order as to costs. Direct service is permitted.