SCA/5560/2001 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5560 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA ===================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== BHAVNAGAR DISTRICT COOPERATIVEBANK LIMITED - Petitioner(s) Versus NANA AASRANA SEVA SAHAKARI MANDALI LIMITED & 11 - Respondent(s) ====================================== Appearance : MR SHIRISH JOSHI for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR BJ TRIVEDI for Respondent(s) : 1 - 2. MR JT TRIVEDI for Respondent(s) : 1 - 2. RULE SERVED for Respondent(s) : 3 - 11. - for Respondent(s) : 12, MS KIRAN PANDEY, AGP. for Respondent No.12. ====================================== SCA/5560/2001 2/2 JUDGMENT CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA Date : 02/07/2007 ORAL JUDGMENT 1 It is an admitted position between the parties that except for the fact that respondent No.1 Society is a different Society viz. other than respondent No.1 – Society in Special Civil Application No. 5544 of 2001 and the order made by the Tribunal is dated 11.01.2001 in a different appeal the contentions of the parties remain the same. Hence, it is not necessary to set out the facts and contentions in detail. 2 In the circumstances, for the reasons stated in judgment of even date rendered in the case of Bhavnagar District Co- operative Bank Limited Vs. Shree Nanopaliad Seva Co-operative Society Limited – Special Civil Application No. 5544 of 2001 this petition also does not merit acceptance on the preliminary issue and is accordingly rejected. Rule discharged. There shall be no order as to costs. (D.A.Mehta,J) m.m.bhatt