KALYANBGH COOP HOU SOCIETY LIMITED Vs. RAJENDRAPRASAD SHYAMLAL

JUDGEMENT

(1.) Kalyanbaug Co-operative Housing Society Limited and others, petitioners have filed this petition challenging the judgment and order dated 30/03/1988, passed by the learned Board of Nominees, Vadodara and also the order of the Gujarat Co-operative Tribunal (hereinafter referred to as `the tribunal') dated 2/09/1989, passed in Appeal No.238 of 1988 filed by the petitioner in this behalf whereby the tribunal has dismissed the said appeal.

(2.) .The facts giving rise to this petition are as under:-

(3.) Mr.B.S.Patel, learned advocate for the petitioner has invited my attention to Section 102 of the Act which provides appeal against decision of registrar of his nominee or board of nominees and Rule 41 of the Rules particularly Rule 41(4)(b) of the Rules which reads as under: