JOITARAM JETHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Yogen Pandya, learned advocate waives service of notice of Rule on behalf of respondent No.3 and Ms. Bhatt, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent Nos.1 and 2. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today.

(2.) PRESENT Special Civil Application has been preferred by the petitioners for an appropriate writ, direction or order quashing and setting aside the impugned order dated 23.03.2009 and 08/09.09.2009 passed by the Registrar, Cooperative Societies, Gujarat State as well as to quash and set aside the order dated 15.07.2010 passed by the Deputy Secretary (Appeals), Agriculture and Co-operation Department, State of Gujarat in Revision Application No.47/2010 and consequently to direct the respondent ? District Registrar, Cooperative Societies to grant leave/permission to the petitioners as contemplated under Section 112 of the Gujarat Cooperative Societies Act.

(3.) IN view of the above and for the reasons stated herein above, more particularly, the reasons assigned while delivering the judgment in Special Civil Application No.5160/2010, the impugned order dated 23.03.2009 and 08/09.09.2009 passed by the Registrar, Cooperative Societies, Gujarat State as well as the order dated 15.07.2010 passed by the Deputy Secretary (Appeals), Agriculture and Co-operation Department, State of Gujarat in Revision Application No.47/2010 are hereby quashed and set aside and the present Special Civil Application is allowed by permitting the petitioners to join respondent No.3 in the proceedings initiated by them pending in the respective Courts i.e. INdustrial Court/Labour Court and they are permitted to proceed further with the said proceedings after joining the Bank through its Liquidator ? respondent No.3 herein. Now, the concern Court shall join respondent No.3 as party to the aforesaid proceedings and issue Notice upon respondent No.3 and thereafter proceed further with the same and decide and dispose of the same in accordance with law and on merits. Rule is made absolute to the aforesaid extent. No costs.