(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Learned senior counsel Mr.Joshi appearing for the appellants submitted that pursuant to the impugned decision dated 21.2.2012 of learned Single Judge of this Court in Special Civil Application No.5573 of 2011, the appellant cooperative society is already taken over by the Liquidator and the Liquidator proposes to expeditiously take all the steps required for the purpose of realizing as large amount as practicable for the purpose of disbursement thereof in accordance with law to the creditors and erstwhile workmen of the cooperative society. He, however, submitted that procedure for alteration of zone and tenure of the land is likely to take some more time and direction of this Court to the authorities concerned of the State Government may be required in that regard. He further submitted that it has been practically impossible, in spite of best efforts of the appellants to meet the deadline of ensuring payment to the workmen on or before 11.5.2012. He further submitted that, even if all the amounts which could be realized by the Liquidator would be realized in near future, the question of its equitable distribution in accordance with law will have to be resolved. Under such circumstances, as the impugned order is, at present only called into question for its due compliance after crossing the prescribed date, it would be appropriate for the appellants to approach learned Single Judge by making an appropriate application for extension of time or any other clarification, if required.
Learned senior advocate Mr.A.K.Clerk expressed no objection to the appellants moving learned Single Judge with an appropriate application for extension of time or other clarification without giving up his right to oppose grant of any particular relief.
Accordingly, the appeal is disposed of along with the Civil Application at this stage without entering into merit at the request of the appellants with liberty to the appellants to move an appropriate application before learned Single Judge concerned of this Court. Notice is discharged with no order as to costs.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top