KANTILAL MULJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against summary dismissal of Special Civil Application No.5276 of 1999 by the learned Single Judge on 14.10.1999.

(2.) The appellant-original petitioner being aggrieved and dissatisfied with the issuance of notice under Section 76B of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Act") filed the above petition. It appears that on 2 3/07/1999 ex-parte rule was issued and notice as to interim relief was made returnable on 2 1/08/1999. In the meanwhile, ad-interim relief was granted not to remove the petitioner from the post of elected Director of the Unjha Sahakari Bank Limited. It appears that on 14.10.1999 the matter was shown on Board before the learned Single Judge and it was dismissed. Being aggrieved by the impugned order the present appeal is filed.

(3.) At the time of hearing of appeal, learned counsel for the appellant raised two contentions. Firstly, the learned counsel for the petitioner was not present when the matter was called out for hearing and was disposed of ex-parte and secondly on merits also, the learned Single Judge was not right in not allowing the petition which was entertained and rule was issued.