NATWARLAL ISHWARLAL SUTHAR Vs. SPECIAL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) Rule. Mr.Siraj Gori, learned Assistant Government Pleader appears and waives service of rule on behalf of respondent No.l, Mr.Girish Patel, learned Advocate appears and waives service of rule on behalf of respondent Nos. 2 and 3 and Mr.P.J.Vyas, learned Advocate appears and waive service of rule on behalf of respondent No.4. By consent of the learned Advocates appearing on behalf of the respective parties the matter is taken up for final hearing.

(2.) This is a petition, though styled as petition filed under Article 226 of the Constitution of India, in effect is a petition under Article 227 of the Constitution.

(3.) The petitioner is a member of one Cooperative Society named General Cooperative Society (hereinafter referred to as 'the society'). It is an admitted position that the society is in liquidation and respondent No. 3 viz. The Mehsana District Central Cooperative Bank Limited is functioning as liquidator of the said society. The society had obtained loan from respondent No. 3 - Bank for and on behalf of its members for the purpose of construction of residential units of its members. As the society failed to clear outstanding dues of the respondent bank, Lavad Suit No.628 of 1999 came to be filed by the respondent-bank before the Board of Nominees. The said lavad suit came to be decreed vide order dated 10.11.1997 holding the society to be liable to pay Rs.7,90,772-75 ps.