Shree Kanaiya Gir Somnath Jilla Doodh Utpadak Sahakari Sangh Ltd vs GIR Somnath Jilla Sahakari Doodh Utpadak Sangh Ltd. Through President/Manager

S.R.Brahmbhatt, J

Heard learned counsels for the parties. Shri Dipen Desai, learned counsel with Shri Jagdish Satapara, learned advocate appears for the appellant, Shri Nirupam Nanavaty, learned Senior counsel with Mr.Viral K. Shah, learned advocate appears for the respondent no.1 - original petitioner on advance copy. Mr.Utkarsh Sharma, learned AGP appears for the respondent nos.2, 3 & 4.

Learned counsel for the appellant made elaborate submissions qua merits of the matter.

Learned senior counsel for the respondent no.1 - original petitioner also after making elaborate submissions submitted that the order dated 5th December 2019 of the learned Single Judge atleast may be modified so that the Revision Application no.128 of 2019 before the authority may be heard and decided in accordance with law and Revision Application no.90 of 2018 may be treated as having become infrucutous in view of the peculiar facts mentioned that registration is granted to the appellant on 26th November 2019.

Both the learned counsels urged the Court not to record any further reasons for passing this order wherein the learned Single Judge's order dated 5th December 2019 is modified.

Accordingly, direction issued by the learned Single Judge in order dated 5th December 2019 is modified as follows:

"The respondent no.4 is directed to decide the Revision Application no.128 of 2019 only, which was subject matter of Special Civil Application no.21418 of 2019."

With this modification the present appeal is disposed of.

At this stage, learned senior counsel for the respondent no.1 submitted that the registration granted to the appellant is open to be challenged in accordance with law. It goes without saying that the present order is made only to modify the order dated dated 5th December 2019 of the learned Single Judge and in the eventuality of challenge to the registration, both the sides will be permitted to make appropriate submissions available under law.

In view of the order passed in the main matter, no orders in connected civil application and the same is disposed of.