BHURABHAI PATEL DAIRY RESEARCH AND DEVELOPMENT Vs. REGISTRAR OF COOPERATIVE SOCIETIES - STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Assistant Government Pleader Mr. Neeraj Ashar for respondent Nos.1 and 3 and learned advocate Mr. Nikhil Joshi for respondent No.2 waive service of Rule.

(2.) WITH the consent of the learned advocates for the parties, the matter is taken up for final hearing.

(3.) THE case of the petitioner is that the petitioner filed Special Civil Suit No.15 of 1998 to recover an amount of Rs.1,34,61,547/- with interest against Sardar Vallabhbhai Patel Regional Oil Seeds Growers Union, which since under liquidation, shall now be referred as respondent No.2. It appears that in the said suit, the petitioner had preferred an application at Exh.129 seeking to stay the proceedings of the said suit till the application dated 16.10.2000 made by the petitioner under Section 112 of the Gujarat Co-operative Societies Act (hereinafter referred as 'the Act' for short) for leave to proceed with the suit was decided. Learned 5th Additional Senior Civil Judge rejected the said application vide order dated 13.7.2005. The said order came to be challenged by the petitioner by preferring Special Civil Application No.23789 of 2005 before this Court. This Court partly allowed the said petition by order dated 15.11.2010 and set aside the order to the extent the learned Civil Judge had considered the application Exh.129 as an application under Section 10 of the Code and remitted the matter to the learned Judge for fresh decision on the said application in accordance with law and also directed the Registrar- respondent No.1 to decide the application moved by the petitioner under Section 112 of the Act within four weeks from the date of the order.