Gujarat State Coop Bank Limited vs Chhitubhai Devjibhai Gamit - Ex Chairman And Founder Member & 2 Other(S)

Nirzar S. Desai, J

It was submitted by learned advocate Mr. Chirayu Mehta for the petitioner -bank that the Co- operative Society namely Valod Pradesh Khand Udyog Sahkari Mandali Limited, Valod had gone into liquidation and thereafter the same was taken over by the Copper Sugar Co-operative Society Ltd, and therefore as on date the aforesaid Valod Pradesh Khand Udyog Sahkari Mandali Limited, is not in existence. He states that the respondent Nos. 1 and 2 happens to be Ex-Chairman, founder member and share holder of the aforesaid Valod Pradesh Khand Udyog Sahkari Mandali Limited. Therefore, as such today, the order passed by the Tribunal may not affect society adversely, in view of that the society itself non existance at that point of time. However, society ceased to exist, even before the DRT, impugned order dated 29.08.2013 in Appeal No. 21 of 2007.

He further states that though in view of the fact that the society itself is not existing as of now, the decision as virtually become infructuous but liberty may be in favour of the petitioner to revive the petition in case of difficulty.

Learned advocate Mr. B.T. Rao for the respondent No.2 states that despite during taking instructions from the respondent Nos. 1 and 2 as the respondent Nos. 1 and 2 could not be contacted, no instructions could be taken. He is unable to either confirmed or controvert the statement made by learned advocate Mr. Chirayu Mehta. He therefore suggests that petition may be disposed of as having become infructuous and liberty as prayed be granted in favour of both the parties to revive the petition in case of difficulty.

In view of the above, the petition stands disposed of as having become infructuous with liberty to revive the petition by either party simply by filing note before the registry. Rule is discharged. No order as to costs.