The Regis trar entertaining the dispute and exercising powers company ferred under Sec.
119 of 1966.
2 of sec.
From the Judgment and Order dated 6.4.1973 of the Guja rat High Court in Special Civil Appeal No.
36 of the said Act on 13.4.66.
96 1 with the Registrar of Co operative Societies seeking relief of setting aside of the resolution passed by the Society against respondent No.
The District Registrar was of the opinion that doctrine of resjudicata was attracted and therefore there was numberdispute in existence between the parties.
After remand the parties proceeded with the trial and adduced oral evidence before the Registrars numberinee but during the trial on 16.2.70 the appellant society made an application under sub sec.
98 1 referred the dispute for decision to his numberinee and out of these proceedings ultimately the present appeal arises.
96 to the District Registrar that the question relating to the expulsion of respondent No.
On this application the District Registrar heard the parties and came to the companyclusion that respondent No.
On 17.2.66 respondent No.1 instituted another proceed ings under Sec.
On July 16, 1966 the Registrars numberinee dismissed respond ent No.
Accordingly the Tribunal by its order dated 6.2.71 allowed the revision petition, set aside the order passed by the District Registrar on June 25, 1970 and directed the Regis trars numberinee to proceed with the decision of the matter expeditiously having regard to the fact that the dispute is an old one having its origin in a resolution passed by the appellant society on November 28, 1965.
The appellant society feeling aggrieved by the aforesaid decision invoked the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India.
1 had already been decided in the sense that in the companylateral proceedings the Registrar had recorded his approval under Sec.
150 sub clause 9 of the Act to the Tribunal.
This resolution of the Society was duly approved by the Registrar of Societies as required under Sec.
That on August 25, 1967 the Tribunal allowed the appeal of the respondent and remanded the matter to the Registrars numberinee for a fresh decision in accordance with law.
Raja Ram Aggarwal, Mr. M.V. Goswami and M.M. Kashatriya for the Appellant.
1 was precluded from companytending that the impugned resolution expelling him from the membership of the society was illegal inasmuch as he had number preferred any appeal against the decision of the Registrar according his approval to the action taken by the Society under sec.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Respondent No.1 Panchal Keshavlal Narbheram was a founder member of this Society alongwith 11 others.
1s claim by his order dated 16.7.66.
1583 N of 1973.
Thereafter re spondent No.1 carried the matter to the Tribunal by way of an appeal i.e. Appeal No.
36 of the Act to the action taken by the Society and therefore the dispute did number survive.
A further opportunity to show cause was given to the respondent and on November 28, 1965 the appellant socie ty passed a resolution expelling respondent No.1 from the membership of the Society.
494 of 1971.
The Judgment of the Court was delivered by OZA, J. This appeal is by certificate granted by the High Court of Gujarat under Art.
It is alleged that the companyduct of respondent No.1 was found to be detrimental to the interest of the Society and its working and the Society therefore invoked the provi sions of Section 36 of the Act, passed a resolution dated 19.6.65 to expel respondent No.1 from the membership of the Society.
Vimal Dave and Mrs. H. Wahi for the Respondents.
133 of the Constitution of India by its order dated 6.4.73.
This order passed by the District Registrar on 19.6.70 was taken up in revi sion under Sec.
