GOVINDBHAI MULJIBHAI PATEL Vs. J T REGISTRAR

JUDGEMENT

(1.) These petitions purporting to be petitions under Article 226 of the Constitution, but which are in substance petitions under Article 227 of the Constitution, raise a common question of law about the jurisdiction of the Board of Nominees of the Registrar of Co-operative Societies, Gujarat State at Ahmedabad in entertaining and deciding the arbitration suits (also known as Lavad Suits) under Section 96 of the Gujarat Co-operative Societies Act, 1961. The main contention is that the suit filed by respondent No. 3-Bombay Mercantile Co-operative Bank Ltd. being a Multi State Co-operative Society under the Multi State Co-operative Societies Act, 1984 and having its registered office as well as head office in Maharashtra State, was not maintainable before the Board of Nominees in the State of Gujarat.

(2.) The facts leading to filing of these petitions are similar and may briefly be stated as under :-

(3.) At the hearing of these petitions, Mr BS Patel, learned counsel for the petitioners raised the following contentions :-