KALUBHAI DHULABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Dave, Ld.AGP for respondent No.1 and Mr.Tirmizi for respondent No.2 appear and waive service of rule on behalf of respective respondents. With the consent of parties matter is taken up for final hearing today.

(2.) . The short facts of the case are that the respondent No.2 has filed a Lavad Suit No.1781/97 before the Registrar, Board of Nominees for recovery of Rs.13,30,569.70ps from the petitioner on the ground that the petitioner has misappropriated the said amount from the funds of the society and he is required to pay the same. In the said suit application for temporary injunction was submitted. The petitioner was served with the notice for temporary injunction and in response thereto the petitioner filed reply by way of objections and it is the case of the petitioner that in the reply the application for temporary injunction the petitioner had declared before the court that the plaint is not served upon him. The learned Nominee had initially granted exparte temporary injunction restraining the petitioner from transferring the property as mentioned in the order. Thereafter, there was bi-partitite order whereby the application for temporary injunction was allowed and the ad interim order was confirmed. The case of the petitioner is that thereafter since he was not served with the copy of the plaint no reply was filed by him or rather he could not file the reply and inspite of the same the learned Nominee proceeded exparte and passed the judgment and award dated 30.3.99 whereby the suit is decreed by directing the petitioner to pay the amount of Rs.13,30,569.70ps with interest at the rate of 12% p.a. from 16.5.97 and also to pay Rs.5,000.00 towards costs of litigation.

(3.) . The petitioner preferred Appeal No.476/99 before the Gujarat State Cooperative Tribunal, Ahmedabad and in the appeal also the contention was raised on behalf of the petitioner that since copy of the plaint was not served and the learned Nominee also did not verify the said aspect and therefore the exparte judgment and award of the learned Nominee should be quashed and set aside. The tribunal, ultimately, passed the judgment and award dated 12.3.01 in appeal whereby the appeal is dismissed and the said order is under challenge in this petition.