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Judgment
This batch of thirty Appeals has been filed by different Seva Sahakari Mandali, Primary Cooperative Societies, questioning the legality and correctness of the common order dated 19-07-2017, whereby all the complaints have been dismissed for non-prosecution as the Complainants had failed to file the requisite documents in all the complaints, filed sometime in the year 2002, despite several opportunities, and also failed to furnish the same to the Opposite Parties.
On advance notice, counsel for the Opposite Parties, namely, Agricultural Insurance Company of India Ltd. and State of Gujarat as also the representative of Opposite Party No.3, namely, the Rajkot District Cooperative Bank Ltd. are present.
The learned counsel appearing for the Appellants submits that though all the requisite documents along with extra sets for being supplied to the Opposite Parties had been filed alongwith the complaints but somehow the same were misplaced in the office of the State Commission, with the result that the same could not be placed on record of the complaints and were not supplied to the Opposite Parties. Learned counsel further submits that all the requisite documents have now been recollected and the same can be filed if an opportunity is granted to the Complainants.
Having regard to the above noted facts and bearing in mind the fact that all the Complainants are Cooperative Societies, looking after the interests of the agriculturists, who are their members, we are of the opinion that the Appellants have made out a case for grant of an opportunity to prosecute the complaints already filed.
Accordingly, the Appeals are allowed; the impugned order is set aside and all the complaints are restored to the Board of the State Commission for adjudication on merits, after affording adequate opportunity to the Opposite Parties to file their written version, after all the requisite documents have been filed by the Complainants in the complaints.
The parties/their counsel are directed to appear before the State Commission on 25-09-2017 for further proceedings in accordance with law.
The Appeals stand disposed of in above terms with no order as to costs.