IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 798 of 2002 in SPECIAL CIVIL APPLICATIONNo 6525 of 2002 with LETTERS PATENT APPEAL No 799 of 2002 with CIVIL APPLICATION No 7541 & 7543 of 2002 For Approval and Signature: HON'BLE DR.JUSTICE J.N.BHATT and HON'BLE MR.JUSTICE J.R.VORA ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- MANAGING DIRECTOR Versus KOTDA DUDH UTPADAK SAHKARI MANDALI LTD. -------------------------------------------------------------- Appearance: 1. LETTERS PATENT APPEAL No. 798 of 2002 MR TUSHAR MEHTA for Appellant No. MR PS CHAMPANERI for Respondent No. 1-2 MR PR ABICHANDANI AGP for Respondent No. 3-5,7 NOTICE SERVED BY DS for Respondent No. 6 2. LETTERS PATENT APPEAL No. 799 of 2002 MR DEVANG NANAVATI for Appellant No. MR PS CHAMPANERI for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE DR.JUSTICE J.N.BHATT and HON'BLE MR.JUSTICE J.R.VORA Date of decision: 20/01/2005 ORAL JUDGEMENT (Per : HON'BLE DR.JUSTICE J.N.BHATT) Upon matter being called out, the learned Advocate Mr.Tushar Mehta for the appellants, whereas learned Advocate Mr.Y.V.Vaghela appearing for learned Advocate Mr.P.S.Champaneri for Respondent Nos.1 and 2 and learned AGP Mr.P.R.Abichandani were also present for Respondent Nos.3, 4, 5 & 7. 2. It was pointed out to us, by making a statement at the bar that, the appellant, one Mr.Mohanbhai R. Bharvad in LPA 799/02, in subsequent developments, has got elected as a Director and thereafter as a Chair Person of The Ahmedabad District Co-Op. Milk Producers Union Ltd. This aspect is not disputed. Obviously, the interim order of the Learned Single Judge, before whom the main petition is awaiting adjudication on merits and Letters Patent Appeals are only against the earlier interlocutory order, therefore, as a necessary corollary, the Letters Patent Appeals would not survive, since the question, which is challenged here, could be, successfully, raised and now could also be adjudicated upon by the Learned Single Judge. Therefore, without going into the legality part of it, we dispose of this group. 3. In view of the aforesaid aspects and upon consideration of the views expressed, the entire group of Letters Patent Appeals with Civil Applications would not assume any survival value. Therefore, they shall stand disposed of as having become infrautuous. No costs (Dr. J. N. Bhatt, J.) (J. R. Vora, J.) smita/