VADODARA DISTRICT CO OP MILK PRODUCERS UNION LIMITED Vs. K V ACHARYA DEPUTY REGISTRAR AND MEMBER OF BOARD OF NOMINEES

JUDGEMENT

(1.) Rule. I have heard the Advocates for both the sides at length on merits, and, therefore, I proceed to dispose off this petition finally at this stage.

(2.) The petitioner is a registered Co-operative Milk Producers' Union established under the provisions of Gujarat Co-operative Societies Act, 1961. The respondent restraining the Respondents from proceeding with a suit. No. 2 is a member-society of petitioner No. 1. The Managing Board of the petitionersociety had taken decision to amend some of its bye-laws pertaining to election of the Board of the Trustees. Thereafter, it was decided to put up the said decision and to amend the bye-laws for the purpose of approval by the General Body of the petitioner-society and for the purpose of doing same, the General Body Meeting of the petitioner-society was summoned on 20th June, 1996.

(3.) The respondent No. 2 society filed Lavad Case No. 924 of 1996 on 27-6- 1996 before the respondent No. 1 and obtained an order of ad interim injunction against the petitioner-society to discuss and to resolve the proposed amendments in the bye-laws. It is the case of the petitioner that the petitioner had filed a Caveat Application before the Registrar's Nominee. The Registrar's, Nominee, without hearing the present petitioner had passed the said order of ad interim injunction in favour of the respondent No. 2 - society at 11-30 p.m. The petitioner has come before the Court to challenge the said order of the respondent No. 1 on 3 grounds :