IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10171 of 2003 HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO 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? -------------------------------------------------------------- GUJARAT CLOTH DEALERS CO-OP SHOPS AND WAREHOUSE SOC.LTD Versus RAJENDRA PRASAD NANDLAL AGARWAL -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 10171 of 2003 MR BR GUPTA for Petitioner No. 1 MRS KANAN R SHAH for Respondent No. 1 MR RAVINDRA SHAH for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 29/11/2004 ORAL JUDGEMENT 1. The petitioner has by way of this petition challenged the order of the Deputy Secretary dated 21st July, 2003 passed in Revision Application No. 68/2001, whereby the Deputy Secretary, (Appeal) has dismissed the appeal and confirmed the order dated 8th December, 2000 passed by Additional Registrar, in Revision Application No.80/2000 and order dated 15th July, 2000 passed by the District Magistrate, at annexures-A, B & C to the petition. 2. I have heard the learned advocate for the respective parties and have perused the relevant record. The matter was admitted by this Court and all throughout the respondent has continued to enjoy the possession of Shop No. 43/1. 3. As a result of the hearing a consensus has been arrived at between the parties and therefore this Court is not required to go into the merits of the matter. Under the circumstances, the ends of justice will be served by issuing following directions:- [A] The petitioner society shall enroll/admit the respondent as a member of the Society, subject to the compliance of the Rules and Regulations and payment due to the petitioner Society, as well as transfer fees from the date when the application was made. The respondent shall make the payment within a period of one month from today. 4. Mr. Gupta learned advocate for the petitioner, on instructions from the petitioner, states that subject to the payment, the petitioner Society will enroll/admit the respondent as a member of the petitioner Society and this will not be treated as precedent and may be treated as special case. 5. Subject to the above observations and direction, the petition stands disposed of. Rule is discharged with no order as to costs. Interim relief if any, stands vacated. [K.S. JHAVERI, J.] /phalguni/