(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Learned counsel for the appellant has urged that while deciding Appeal No.451 of 2002, the learned Tribunal has held that if investigating officer is not examined, then the entire proceedings of recovery of the amount from the appellant shall fail. Though this judgment was cited by the appellant before the Tribunal in Appeal No.179 of2002, the Tribunal has taken a contrary view. In this view of the matter, the appellant is entitled for interim order.
2. Rule returnable on 21.2.2012. Until further order of this Court, the effect, operation and execution of the order of the learned Single Judge dated 16.11.2011 passed in Special Civil Application No.15268 of 2006 as well as the execution of the order dated 4.2.2002 passed by the respondent no.2 at Annexure and the order dated 18.7.2006 passed by the Gujarat State Cooperative Tribunal in Appeal No.179 of 2002 at Annexure "H" shall remain stayed.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top