1. By way of this petition, the petitioner has challenged the order of the Tribunal dated 06.05.2011 whereby the Tribunal had allowed the injunction application in Appeal No. 73/11 of the respondent. The petitioner has also challenged the assumption of jurisdiction by the respondent no. 2 Tribunal in the said appeal. By the said order the Tribunal has dismissed the resolution of the petitioner bank passed under Section 36 of Gujarat Co-operative Societies Act, 1961.
2. Prima facie it appears that the Board of Nominees has dismissed the Lavad Suit which was filed by the respondent no. 1 and Tribunal has no jurisdiction to entertain the appeal filed against the decision of the General Body, taken under Section 36 of Gujarat Co-operative Societies Act, 1961.
3. In view of the above, I am of the view that the direction issued by the Tribunal is contrary to law and therefore, the same is set aside. Petition stands disposed of, accordingly.
4. It will be open for both the parties to approach Tribunal and pray for expeditious hearing and the Tribunal will pass an appropriate order in accordance with law after hearing both the sides in the appeal and will decide the matter expeditiously.
(K.S.
Jhaveri, J.) Amar Top