THAKORE SURAJJI CHENAJI v. SEDRANA SEVA SAHKARI MANDALI LTD .

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s).3888 OF 2015 VINESHKUMAR MAVJIBHAI PARMAR …Appellant(s) VERSUS DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS. ...Respondent(s) WITH CIVIL APPEAL NO(s). 3889 OF 2015 CIVIL APPEAL NO(s). 3890 OF 2015 CIVIL APPEAL NO(s). 3891 OF 2015 CIVIL APPEAL NO(s). 3892 OF 2015 CIVIL APPEAL NO(s). 3893 OF 2015 CIVIL APPEAL NO(s). 3894 OF 2015 CIVIL APPEAL NO(s). 3896 OF 2015 J U D G M E N T Chelameswar, J. 1. All these eight appeals are preferred by the unsuccessful respondents in various special civil applications (writ petitions under Article 226 of the Constitution) before the High Court of Gujarat at Ahmedabad disposed of by a common judgment dated 17.3.2015. 2. Whether the members of the Managing Committees of co-operative societies (against whom proceedings under Section 107 of 1

the Gujarat Co-operative Societies Act, 1961 are pending) have a right to participate in the election process of an Agricultural Produce Marketing Committee constituted under the Gujarat Agricultural Produce Markets Act, 1963. The two enactments mentioned above are referred to hereinafter as “the SOCIETIES ACT” and “the MARKETS ACT”. 3. The facts leading to the present litigation: Sec. 9 of the MARKETS ACT contemplates the establishment of a “Market Committee” for every “market area”. Both expressions are defined under Section 2(xiii) and 2 (xiv) 1 . Section 10 of the MARKETS ACT declares market committees to be bodies corporate with perpetual succession and a common seal. Section 11 stipulates that every market committee shall consist of 17 members falling into 5 categories. Section 11(1)(i) stipulates that eight agriculturist members shall be elected by an electoral college consisting of the members of the managing committees of the “co-operative societies dispensing agricultural credit” (hereafter CREDIT SOCIETIES) in the market area. Section 11(1)(i) of the MARKETS ACT reads as follows: 1 Section 2 (xiii) “market area” means any area declared or deemed to be declared to be a market area under this Act; Section 2(xiv) “market committee” means a market committee established or deemed to be established under this Act; 2

“ eight agriculturists who shall be elected by members of managing committees of co-operative societies (other than co-operative marketing societies and milk produce co-operative societies) dispensing agricultural credit in the market area;” 4. The activity of co-operative societies in the State of Gujarat is regulated by the SOCIETIES ACT. Section 107 of the SOCIETIES ACT provides for the liquidation and winding up of the societies functioning under the Act. Section 107(1) authorises the Registrar to pass an interim order directing a cooperative society to be wound up for any one of the reasons specified in clauses (a), (b) and (c) of Section 107(1). Sub-Section(3), thereof authorises the Registrar to pass a final order after granting a hearing to the society against which an interim order under sub-Section(1) is made. Such a final order could be one either finally winding up the society by confirming the interim order or vacating the interim order passed earlier, whichever is appropriate in law having regard to the facts and circumstances of the case. 5. In exercise of the power under Section 107 of the SOCIETIES ACT proceedings were initiated by the Registrar 2 against eleven Co-operative societies (established for the purpose of dispensing agricultural credit) operating in the market area of a market committee known as SIRPUR market committee, the details of which 2 Section 2(17) of the Gujarat Co-operative Societies Act, 1961 - “Registrar” means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar; 3

are not necessary for the present purpose. 6. We are concerned with only eight of the eleven co-operative societies mentioned above. Admittedly, with reference to each of the said eight co-operative societies, interim orders were passed initially under Section 107(1) 3 of the SOCIETIES ACT directing them to be wound up. Subsequently, final orders directing the winding up of each one of the said cooperative societies were also passed. The said orders were challenged before the Appellate authority. The matters eventually reached the High Court, complete details of the litigation may not be necessary except to say that the High Court had set aside the final orders with a further direction to the Registrar to conduct an inquiry afresh under Section 107 of the SOCIETIES ACT and pass appropriate final orders. Admittedly the said enquiry is pending. 7. Elections to the SIRPUR market committee fell due in the year 2015. A voters list (under Rule 7 of the Gujarat Agricultural Produce 3 Section 107 Winding up – (1) [Except as otherwise provided in sub-section (1A) if the Registrar, –- (a) after an inquiry has been held under section 86, or an inspection has been made under any of the provisions of sub-section (8) of section 84, section 87 or section 88 or on the report of the auditor auditing the accounts of the society, or] (b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or (c) of his own motion, in the case of a society which – (I) has not commenced working, or (ii) has ceased working, or (iii) possesses shares of members deposits not exceeding five hundred rupees, or (iv) has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or] (v) has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.] is of the opinion that a society ought to be wound up, he may make an interim order directing it to be wound up. 4

Market Rules, 1965) came to be prepared consisting the names of the members of the managing committee of the above-mentioned 8 cooperative societies (alongwith other societies) operating within the market area of the SIRPUR market committee. 8. In view of the pendency of the liquidation proceedings, objections for the inclusion of the names of the members of the managing committees of the 8 cooperative societies were raised. Objections were upheld by the proceedings dated 26.2.2015 of the Additional Registrar and Co-operation Officer (Market), Patan, directing the deletion of the names of the members of the managing committee of the above-mentioned 8 cooperative societies 4 . Operative portion of the order dated 26.2.2015 w.r.t. one of the 8 societies reads; “ I, Mr. H.G. Rawal, Authorized Officer & Co-operation Officer [Market], Patan & in exercise of the powers conferred in me and as per the provisions of the Gujarat Agriculture Produce Market Committee Act, 1963 and Market Committee Rules, 1965 allow the application by the objector Mr. Parmar Vineshkumar Mavjibai and Prajapati Manishbai Khemabhai for deleting the names of the Managing Committee members of the Shri Kalyana Group Gopalak Vividh Karyakari Sahkari Mandali Ltd. at Kalyana, Taluka Siddhpur from the Agriculturist constituency voters list and accept the just and proper objections raised, and in the voters list Sr. 259 to 279 voters names are ordered to be deleted. The said orders will be subject to the orders passed by the Hon. High Court and Additional Registrar[Appeal], Co-operative society, Gujarat State, Gandhinagar. -sd- [S.G. Rawal] Additional Registrar & Co-operation Officer [Market] Patan” 4 We take the facts of the first respondent society in Civil Appeal No. 3891/2015 as representative facts of the 8 appeals. 5

9. Aggrieved by such a decision, the members of the managing committee of the said society filed special civil applications invoking Article 226 of the Constitution of India. By the judgment impugned in these appeals, the special civil application was allowed setting aside the orders of the Additional Registrar dated 26.2.2015. 10. We are informed that the facts relating to the other 7 societies are substantially similar. 11. It is argued by the appellant; Since the 8 societies in question are in the process of being wound up, they ceased to be CREDIT SOCIETIES within the meaning of Section 11(1)(i) of the MARKETS ACT because their activities are limited under Section 110 of the SOCIETIES ACT i.e., the business of the societies can be carried only so far as may be necessary for the beneficial winding up of the society. It is, therefore, submitted that the members of the managing committees of these 8 societies would be disentitled to be voters at an election for the agricultural market committee. According to the appellants, permitting the members of the managing committees of CREDIT SOCIETIES which are in the process of being wound up, to participate in the election process and elect agriculturist members to the market committees, would 6

be inconsistent with the spirit of the MARKETS ACT, in view of the declaration contained in Section 108(2) 5 of the SOCIETIES ACT. It is, therefore, submitted that the High Court erred in interfering with the orders of the Registrar directing the deletion of the names of the members of the managing committees of the 8 societies from the voters list. 12. None appears for anyone of the respondents. 13. The purpose of the establishment of the market committees was examined and explained by this Court in M.C.V.S. Arunachala Nadar v. The State of Madras & Others , AIR 1959 SC 300. A constitution bench of this court made an elaborate inquiry into the legislative history of the subject and held that: “ The object of such legislation is to protect the producers of commercial crops from being exploited by the middlemen and profiteers and to enable them to secure a fair return for their produce” (See Para 6) 14. For achieving the said purpose, market committees are constituted under the laws made by the legislatures of various States giving representation considered appropriate by the concerned legislature to various classes of persons who have an interest in 5 See F/N 9 infra 7

achieving the purpose of the market committees. 15. The legislature of the State of Gujarat thought it fit to give representation under the MARKETS ACT to 5 classes of persons: (i) agriculturists, (ii) traders holding general licences 6 (iii) representatives of the cooperative marketing societies 7 (iv) a nominated member by the concerned local authority 8 within whose jurisdiction the “principal market yard” is situated and (v) two nominated members of the State Government. 16. Of the above-mentioned 5 classes of members, the first three classes consist of elected members and the later two are of nominated. Three distinct electoral colleges are created under sub-clause (i), (ii) and (iii) of Section 11(1) for electing the 3 classes of elected members. “Section 11. Constitution of market committee – (1) Every market committee shall consist of the following members namely:- (i) eight agriculturists who shall be elected by members of managing committees of co-operative societies other than co-operative marketing societies and milk produce co-operative 6 Section 2(ix) – “licence” means a licence granted under section 6 or, as the case may be, a general or special licence granted under section 27; 7 Section 2(v) – “co-operative marketing society” means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962), and engaged in the business of buying or selling of agricultural produce or of possessing of agricultural produce and holding a licence; 8 Section 2(xi) – “local authority” means – (a) a corporation constituted under the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949); or (b) a municipality constituted or deemed to be constituted under – (i) the Bombay District Municipal Act, 1901 (Bom. III of 1901), or that Act as adapted and applied to the Saurashtra area; or (ii) the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), or that Act as adapted and applied to the Saurashtra area or that Act as applied to the Kutch area; or (c) a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959 (Bom. III of 1959), or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayat Act, 1961 (Guj. VI of 1962); 8

societies dispensing agricultural credit in the market area; (ii) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licenses; (iii) two representatives of the Co-operative marketing societies situate in the market area and holding general licenses, to be elected from amongst the members (other than nominal, associate or sympathizer members) of such societies by the members of the managing committees of such societies: Provided that where the number of co-operative marketing societies so situate does not exceed two, only one representative shall be so elected.” 17. While the elected representatives to the market committee belonging to classes (ii) and (iii) mentioned above are required to be members of the concerned electoral college, the Act does not insist upon such requirement w.r.t. those who are to be elected under the class (i) mentioned above. In other words, the members of the market committee belonging to the 1 st of the abovementioned 5 classes need not be members of the electoral college which elects them. 18. The right to elect ‘agriculturists’ to a market committee is conferred under Section 11 of the MARKETS ACT upon the electoral college consisting of members of the managing committees of cooperative societies operating in the market area which are dispensing agricultural credit (hereafter CREDIT SOCIETIES). 9

19. The reason for the above, as we understand, is that those who seek election under the category of agriculturists belong to a very nebulous class, whereas the persons falling under classes (ii) and (iii) mentioned above can be identified with certainty based upon public records. Therefore, the legislature, in its wisdom, though it fit to create an electoral college which, by virtue of its very activity, would be in a better position to identify agriculturists eligible to contest for the membership of a market committee. By the very nature of the office held by them, members of the managing committees of “cooperative societies dispensing agricultural credit” would have an opportunity to interact with the agriculturists. 20. The pendency of the liquidation proceedings in law 9 , compels the elected members of the managing committee (OFFICERS of the Society) of a co-operative society to hand over the custody and control of all the property and assets, etc. of the society to the liquidator appointed under Section 107(1) of the SOCIETIES ACT. According to the appellants, the necessary implication flowing therefrom is that the members of the managing committee of a society facing liquidation 9 Section 108. Appointment of Liquidator - (1) When an interim or final order is made under Section 107 for the winding up of a society, the Registrar may, in accordance with the rules appoint a person to be the liquidator of the society, and fix his remuneration. (2) Where an interim order is made the officers of the society shall hand over to the liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, and of all books, records and other documents pertaining to the business of the society and, shall have no access to any of them. 10

proceeding are debarred from anyway dealing with the affairs of their society. Therefore, they should also not be permitted to exercise the right to participate in the election of a market committee. 21. The powers of the liquidator are specified under Section 110, the details of which may not be necessary except to state that the liquidator virtually becomes the caretaker manager of the society whose winding up is impending. At the same time it is equally important to note that Sec. 108(3)(b) 10 stipulates that the officers 11 of the cooperative society vacate their offices only on the passage of the final order of winding up. Obviously, they continue to be the office bearers but are disabled from enjoying certain rights attached to the office and performing certain functions to be performed by the holders of the office 22. The rights and functions of the OFFICERS of a co-operative society are many. Some of them are created by the statute under which the office is created. Others could be the creation of subordinate legislation (in the context of the present case, even the byelaws of the society). The existence or lack of such rights and functions depend 10 108 (3) When a final order is made confirming the Interim, order, the officers of the society xxx xxx xxx xxx (b) shall vacate their offices and while winding up order remains in force the general body of the society shall not exercise any powers. 11 Section 2(14) of the SOCIETIES ACT. – “officers” means a person elected or appointed by a society to any office of such society according to its bye-laws; and includes a chairman, vice-chairman, president, vice-president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society. 11

upon the scheme and tenor of the SOCIETIES ACT and the subordinate legislation made thereunder. Such rights and functions are put an end to only by the operation of law i.e., the SOCIETIES ACT. 23. Apart from that, nothing prevents the legislature from conferring by another law additional rights or functions on a person holding an office created under the SOCIETIES ACT. 24. The legislature of Gujarat by Section 11(1) of the MARKETS ACT conferred on the OFFICERS of a class of CREDIT SOCIETIES an additional function of electing members of the market committees. Such function is neither conferred on the OFFICERS of all the societies functioning under the SOCIETIES ACT nor such function includes the right to elect every member of the concerned market committee. Such a function obviously creates a right in the officers of the societies. Such a statutory right could not be taken away in the absence of any express authority of law. 25. The Gujarat legislature expressly provided under the SOCIETIES ACT for the curtailment of certain rights of the officers of societies facing liquidation proceedings. It must be remembered that at the 12

same time it also declared that such OFFICERS cease to be the officers of the Society only when a final order of winding up is passed. In a given case if the Registrar after an appropriate enquiry following the interim order of winding decides not to finally wind up the society, the OFFICERS of the society would once again be entitled to exercise all the rights associated with it and perform all the functions attached to the office. Therefore, merely because the officers of CREDIT SOCIETY facing liquidation are disabled from enforcing certain rights attached to the office or perform certain obligations appended to the office, it does not necessarily follow that they are disabled from performing every function entrusted by law to such office. 26. We now deal with the submission that the society ceased to be a CREDIT SOCIETY in view of the pendency of the winding up proceedings. 27. We are of the opinion that the phrase “co-operative societies dispensing agricultural credit in the market area” in Section 11(1)(i) of the MARKETS ACT is only descriptive of the purpose for which the societies are established. Section 11(1)(i) cannot be construed as imposing an incessant obligation of “dispensing agricultural credit” in order to enable the members of the managing committee of CREDIT SOCIETIES to participate in the election to the market committee. The 13

obligation, if any, to “dispense agricultural credit” arises under the bye-laws of the society subject of course to the availability of funds and various other factors. We are of the opinion that the above quoted words are only descriptive of the class of society the members of whose managing committees are entitled to participate in the election of the market committee. It is obvious from the language of the sub-section that there can exist more than one class of co-operative societies functioning under the Act. The very fact that the legislature took care to expressly exclude members of the managing committees of two classes of societies i.e. “Co-operative Marketing Societies” and “Milk Produce Co-operative Societies”, definitely indicates that there can exist more than one class of societies – apart from the common knowledge. 28. Section 4 12 of the SOCIETIES ACT contemplates that societies could be registered for different purposes. They are – “the promotion of the economic interests of its members or general welfare of its members or economic interest of the general welfare of the public”. 29. Since Section 11(1)(i) of the MARKETS ACT is establishing an electoral college for the election of a certain class (agriculturists) of members of the market committees, the legislature thought it fit that 12 Section 4. Societies which may be registered .— A society, which has as its object the promotion of the economic interests or general welfare of its members or of the public, in accordance with co-operative principles, or as society established with the object of facilitating the operations of any such society, may be registered under this Act. 14

only the members of the managing committees of those co-operative societies which have a nexus to agricultural activity should be members of the electoral college. 30. The submission of the appellant that Section 11(1)(i) imposes a legal obligation that the members of the managing committees of only those co-operative societies which are currently dispensing agricultural credit in the market area are entitled to participate in the electoral process of the concerned market committee (in other words, the phrase “co-operative societies dispensing agricultural credit” is indicative of the current activity of the societies but not the purpose for which the society is established), would lead to various difficult questions: (i) What is the period to which the currency of such activity would relate to? Whether the activity should be current when the voters’ list is prepared or the activity should continue even on the date of voting? (ii) Whether credit societies which do not dispense agricultural credit for a certain period of time because of either paucity of funds or borrowers are debarred from “dispensing agricultural credit” because of some legal prohibition or any other reason operating temporarily cease to be societies whose objective is 15

to provide agricultural credit? 31. Credit Societies against which there is an ‘interim order’ of winding up are temporarily debarred from dispensing agricultural credit, by virtue of the operation of law. The embargo imposed by such interim order may or may not fructify into a final order of winding up. (We have already discussed this aspect of the matter at para 21 supra ). On the face of such possibility of the society resuming its activity of “dispensing agricultural credit” - to debar its managing committee members from discharging their statutory obligation under the MARKETS ACT would be productive of public mischief. Such an interpretation of the statute must be avoided. 32. For the above reasons, we do not see any merit in the appeals. Therefore, the appeals are dismissed. … .…………………………. J . (J. Chelameswar) …… .………………………. J . (Prafulla C. Pant) New Delhi; November 16, 2016 16

ITEM NO.1 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal 3888/2015 VINESHKUMAR MAVJIBHAI PARMAR APPELLANT(S) VERSUS DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS. RESPONDENT(S) WITH CIVIL APPEAL NO(s). 3889 OF 2015 CIVIL APPEAL NO(s). 3890 OF 2015 CIVIL APPEAL NO(s). 3891 OF 2015 CIVIL APPEAL NO(s). 3892 OF 2015 CIVIL APPEAL NO(s). 3893 OF 2015 CIVIL APPEAL NO(s). 3894 OF 2015 CIVIL APPEAL NO(s). 3896 OF 2015 Date : 16/11/2016 These appeals were called on for pronouncement of judgment today. For Appellant(s) Ms. Anitha Shenoy,Adv. For Applicant(s) Mr. D.N. Ray,Adv. Mr Lokesh K. Choudhary,Adv. Mrs. Sumita Ray,Adv. For Respondent(s) Hon'ble Mr. Justice J. Chelameswar pronounced the judgment of the Bench comprising of His Lordship and Hon'ble Mr Justice Prafulla C. Pant. The appeals are dismissed in terms of the signed reportable judgment. [O.P. SHARMA] [RAJINDER KAUR] AR-CUM-PS COURT MASTER (Signed reportable judgment is placed on the file) 17

2. Whether the members of the Managing Committees of co-operative societies (against whom proceedings under Section 107 of the Gujarat Co-operative Societies Act, 1961 are pending) have a right to participate in the election process of an Agricultural Produce Marketing Committee constituted under the Gujarat Agricultural Produce Markets Act, 1963. The two enactments mentioned above are referred to hereinafter as “the SOCIETIES ACT” and “the MARKETS ACT”. 3. The facts leading to the present litigation: Sec. 9 of the MARKETS ACT contemplates the establishment of a “Market Committee” for every “market area”. Both expressions are defined under Section 2(xiii) and 2 (xiv) 1 . Section 10 of the MARKETS ACT declares market committees to be bodies corporate with perpetual succession and a common seal. Section 11 stipulates that every market committee shall consist of 17 members falling into 5 categories. Section 11(1)(i) stipulates that eight agriculturist members shall be elected by an electoral college consisting of 1 Section 2 (xiii) “market area” means any area declared or deemed to be declared to be a market area under this Act; Section 2(xiv) “market committee” means a market committee established or deemed to be established under this Act; 2

the members of the managing committees of the “co-operative societies dispensing agricultural credit” (hereafter CREDIT SOCIETIES) in the market area. Section 11(1)(i) of the MARKETS ACT reads as follows: “ eight agriculturists who shall be elected by members of managing committees of co-operative societies (other than co-operative marketing societies and milk produce co-operative societies) dispensing agricultural credit in the market area;” 4. The activity of co-operative societies in the State of Gujarat is regulated by the SOCIETIES ACT. Section 107 of the SOCIETIES ACT provides for the liquidation and winding up of the societies functioning under the Act. Section 107(1) authorises the Registrar to pass an interim order directing a cooperative society to be wound up for any one of the reasons specified in clauses (a), (b) and (c) of Section 107(1). Sub-Section(3), thereof authorises the Registrar to pass a final order after granting a hearing to the society against which an interim order under sub-Section(1) is made. Such a final order could be one either finally winding up the society by confirming the interim order or vacating the interim order passed earlier, whichever is appropriate in law having regard to the facts and circumstances of the case. 3

5. In exercise of the power under Section 107 of the SOCIETIES ACT proceedings were initiated by the Registrar 2 against eleven Co-operative societies (established for the purpose of dispensing agricultural credit) operating in the market area of a market committee known as SIRPUR market committee, the details of which are not necessary for the present purpose. 6. We are concerned with only eight of the eleven co-operative societies mentioned above. Admittedly, with reference to each of the said eight co-operative societies, interim orders were passed initially under Section 107(1) 3 of the SOCIETIES ACT directing them to be wound up. Subsequently, final orders directing the winding up of each 2 Section 2(17) of the Gujarat Co-operative Societies Act, 1961 - “Registrar” means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar; 3 Section 107 Winding up – (1) [Except as otherwise provided in sub-section (1A) if the Registrar, –- (a) after an inquiry has been held under section 86, or an inspection has been made under any of the provisions of sub-section (8) of section 84, section 87 or section 88 or on the report of the auditor auditing the accounts of the society, or] (b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or (c) of his own motion, in the case of a society which – (I) has not commenced working, or (ii) has ceased working, or (iii) possesses shares of members deposits not exceeding five hundred rupees, or (iv) has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or] (v) has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.] is of the opinion that a society ought to be wound up, he may make an interim order directing it to be wound up. 4

one of the said cooperative societies were also passed. The said orders were challenged before the Appellate authority. The matters eventually reached the High Court, complete details of the litigation may not be necessary except to say that the High Court had set aside the final orders with a further direction to the Registrar to conduct an inquiry afresh under Section 107 of the SOCIETIES ACT and pass appropriate final orders. Admittedly the said enquiry is pending. 7. Elections to the SIRPUR market committee fell due in the year 2015. A voters list (under Rule 7 of the Gujarat Agricultural Produce Market Rules, 1965) came to be prepared consisting the names of the members of the managing committee of the above-mentioned 8 cooperative societies (alongwith other societies) operating within the market area of the SIRPUR market committee. 8. In view of the pendency of the liquidation proceedings, objections for the inclusion of the names of the members of the managing committees of the 8 cooperative societies were raised. Objections were upheld by the proceedings dated 26.2.2015 of the Additional Registrar and Co-operation Officer 5

(Market), Patan, directing the deletion of the names of the members of the managing committee of the above-mentioned 8 cooperative societies 4 . Operative portion of the order dated 26.2.2015 w.r.t. one of the 8 societies reads; “ I, Mr. H.G. Rawal, Authorized Officer & Co-operation Officer [Market], Patan & in exercise of the powers conferred in me and as per the provisions of the Gujarat Agriculture Produce Market Committee Act, 1963 and Market Committee Rules, 1965 allow the application by the objector Mr. Parmar Vineshkumar Mavjibai and Prajapati Manishbai Khemabhai for deleting the names of the Managing Committee members of the Shri Kalyana Group Gopalak Vividh Karyakari Sahkari Mandali Ltd. at Kalyana, Taluka Siddhpur from the Agriculturist constituency voters list and accept the just and proper objections raised, and in the voters list Sr. 259 to 279 voters names are ordered to be deleted. The said orders will be subject to the orders passed by the Hon. High Court and Additional Registrar[Appeal], Co-operative society, Gujarat State, Gandhinagar. -sd- [S.G. Rawal] Additional Registrar & Co-operation Officer [Market] Patan” 9. Aggrieved by such a decision, the members of the managing committee of the said society filed special civil applications invoking Article 226 of the Constitution of India. By the judgment impugned in these appeals, the special civil application was allowed setting aside the orders of the Additional Registrar dated 26.2.2015. 10. We are informed that the facts relating to the other 7 4 We take the facts of the first respondent society in Civil Appeal No. 3891/2015 as representative facts of the 8 appeals. 6

societies are substantially similar. 11. It is argued by the appellant; Since the 8 societies in question are in the process of being wound up, they ceased to be CREDIT SOCIETIES within the meaning of Section 11(1)(i) of the MARKETS ACT because their activities are limited under Section 110 of the SOCIETIES ACT i.e., the business of the societies can be carried only so far as may be necessary for the beneficial winding up of the society. It is, therefore, submitted that the members of the managing committees of these 8 societies would be disentitled to be voters at an election for the agricultural market committee. According to the appellants, permitting the members of the managing committees of CREDIT SOCIETIES which are in the process of being wound up, to participate in the election process and elect agriculturist members to the market committees, would be inconsistent with the spirit of the MARKETS ACT, in view of the declaration contained in Section 108(2) 5 of the SOCIETIES ACT. 5 See F/N 9 infra 7

It is, therefore, submitted that the High Court erred in interfering with the orders of the Registrar directing the deletion of the names of the members of the managing committees of the 8 societies from the voters list. 12. None appears for anyone of the respondents. 13. The purpose of the establishment of the market committees was examined and explained by this Court in M.C.V.S. Arunachala Nadar v. The State of Madras & Others , AIR 1959 SC 300. A constitution bench of this court made an elaborate inquiry into the legislative history of the subject and held that: “ The object of such legislation is to protect the producers of commercial crops from being exploited by the middlemen and profiteers and to enable them to secure a fair return for their produce” (See Para 6) 14. For achieving the said purpose, market committees are constituted under the laws made by the legislatures of various States giving representation considered appropriate by the concerned legislature to various classes of persons who have an interest in achieving the purpose of the market committees. 15. The legislature of the State of Gujarat thought it fit to 8

give representation under the MARKETS ACT to 5 classes of persons: (i) agriculturists, (ii) traders holding general licences 6 (iii) representatives of the cooperative marketing societies 7 (iv) a nominated member by the concerned local authority 8 within whose jurisdiction the “principal market yard” is situated and (v) two nominated members of the State Government. 16. Of the above-mentioned 5 classes of members, the first three classes consist of elected members and the later two are of nominated. Three distinct electoral colleges are created under sub-clause (i), (ii) and (iii) of Section 11(1) for electing the 3 classes of elected members. “Section 11. Constitution of market committee – (1) Every market committee shall consist of the following members namely:- (i) eight agriculturists who shall be elected by members of managing committees of co-operative societies other than co-operative marketing societies 6 Section 2(ix) – “licence” means a licence granted under section 6 or, as the case may be, a general or special licence granted under section 27; 7 Section 2(v) – “co-operative marketing society” means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962), and engaged in the business of buying or selling of agricultural produce or of possessing of agricultural produce and holding a licence; 8 Section 2(xi) – “local authority” means – (a) a corporation constituted under the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949); or (b) a municipality constituted or deemed to be constituted under – (i) the Bombay District Municipal Act, 1901 (Bom. III of 1901), or that Act as adapted and applied to the Saurashtra area; or (ii) the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), or that Act as adapted and applied to the Saurashtra area or that Act as applied to the Kutch area; or (c) a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959 (Bom. III of 1959), or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayat Act, 1961 (Guj. VI of 1962); 9

and milk produce co-operative societies dispensing agricultural credit in the market area; (ii) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licenses; (iii) two representatives of the Co-operative marketing societies situate in the market area and holding general licenses, to be elected from amongst the members (other than nominal, associate or sympathizer members) of such societies by the members of the managing committees of such societies: Provided that where the number of co-operative marketing societies so situate does not exceed two, only one representative shall be so elected.” 17. While the elected representatives to the market committee belonging to classes (ii) and (iii) mentioned above are required to be members of the concerned electoral college, the Act does not insist upon such requirement w.r.t. those who are to be elected under the class (i) mentioned above. In other words, the members of the market committee belonging to the 1 st of the abovementioned 5 classes need not be members of the electoral college which elects them. 18. The right to elect ‘agriculturists’ to a market committee is conferred under Section 11 of the MARKETS ACT upon the 1 0

electoral college consisting of members of the managing committees of cooperative societies operating in the market area which are dispensing agricultural credit (hereafter CREDIT SOCIETIES). 19. The reason for the above, as we understand, is that those who seek election under the category of agriculturists belong to a very nebulous class, whereas the persons falling under classes (ii) and (iii) mentioned above can be identified with certainty based upon public records. Therefore, the legislature, in its wisdom, though it fit to create an electoral college which, by virtue of its very activity, would be in a better position to identify agriculturists eligible to contest for the membership of a market committee. By the very nature of the office held by them, members of the managing committees of “cooperative societies dispensing agricultural credit” would have an opportunity to interact with the agriculturists. 20. The pendency of the liquidation proceedings in law 9 , 9 Section 108. Appointment of Liquidator - (1) When an interim or final order is made under Section 107 for the winding up of a society, the Registrar may, in accordance with the rules appoint a person to be the liquidator of the society, and fix his remuneration. (2) Where an interim order is made the officers of the society shall hand over to the liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, and of all books, records and other documents pertaining to the business of the society and, shall have no access to any of them. 1 1

compels the elected members of the managing committee (OFFICERS of the Society) of a co-operative society to hand over the custody and control of all the property and assets, etc. of the society to the liquidator appointed under Section 107(1) of the SOCIETIES ACT. According to the appellants, the necessary implication flowing therefrom is that the members of the managing committee of a society facing liquidation proceeding are debarred from anyway dealing with the affairs of their society. Therefore, they should also not be permitted to exercise the right to participate in the election of a market committee. 21. The powers of the liquidator are specified under Section 110, the details of which may not be necessary except to state that the liquidator virtually becomes the caretaker manager of the society whose winding up is impending. At the same time it is equally important to note that Sec. 108(3)(b) 10 stipulates that the officers 11 of the cooperative society vacate their offices 10 108 (3) When a final order is made confirming the Interim, order, the officers of the society xxx xxx xxx xxx (b) shall vacate their offices and while winding up order remains in force the general body of the society shall not exercise any powers. 11 Section 2(14) of the SOCIETIES ACT. – “officers” means a person elected or appointed by a society to any office of such society according to its bye-laws; and includes a chairman, vice-chairman, president, vice-president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society. 1 2

only on the passage of the final order of winding up. Obviously, they continue to be the office bearers but are disabled from enjoying certain rights attached to the office and performing certain functions to be performed by the holders of the office 22. The rights and functions of the OFFICERS of a co-operative society are many. Some of them are created by the statute under which the office is created. Others could be the creation of subordinate legislation (in the context of the present case, even the byelaws of the society). The existence or lack of such rights and functions depend upon the scheme and tenor of the SOCIETIES ACT and the subordinate legislation made thereunder. Such rights and functions are put an end to only by the operation of law i.e., the SOCIETIES ACT. 23. Apart from that, nothing prevents the legislature from conferring by another law additional rights or functions on a person holding an office created under the SOCIETIES ACT. 1 3

24. The legislature of Gujarat by Section 11(1) of the MARKETS ACT conferred on the OFFICERS of a class of CREDIT SOCIETIES an additional function of electing members of the market committees. Such function is neither conferred on the OFFICERS of all the societies functioning under the SOCIETIES ACT nor such function includes the right to elect every member of the concerned market committee. Such a function obviously creates a right in the officers of the societies. Such a statutory right could not be taken away in the absence of any express authority of law. 25. The Gujarat legislature expressly provided under the SOCIETIES ACT for the curtailment of certain rights of the officers of societies facing liquidation proceedings. It must be remembered that at the same time it also declared that such OFFICERS cease to be the officers of the Society only when a final order of winding up is passed. In a given case if the Registrar after an appropriate enquiry following the interim order of winding decides not to finally wind up the society, the OFFICERS of the society would once again be entitled to exercise all the rights associated with it and perform all the functions attached to the office. Therefore, merely because the 1 4

officers of CREDIT SOCIETY facing liquidation are disabled from enforcing certain rights attached to the office or perform certain obligations appended to the office, it does not necessarily follow that they are disabled from performing every function entrusted by law to such office. 26. We now deal with the submission that the society ceased to be a CREDIT SOCIETY in view of the pendency of the winding up proceedings. 27. We are of the opinion that the phrase “co-operative societies dispensing agricultural credit in the market area” in Section 11(1)(i) of the MARKETS ACT is only descriptive of the purpose for which the societies are established. Section 11(1) (i) cannot be construed as imposing an incessant obligation of “dispensing agricultural credit” in order to enable the members of the managing committee of CREDIT SOCIETIES to participate in the election to the market committee. The obligation, if any, to “dispense agricultural credit” arises under the bye-laws of the society subject of course to the availability of funds and various other factors. We are of the opinion that the above quoted words are only descriptive of the class of 1 5

society the members of whose managing committees are entitled to participate in the election of the market committee. It is obvious from the language of the sub-section that there can exist more than one class of co-operative societies functioning under the Act. The very fact that the legislature took care to expressly exclude members of the managing committees of two classes of societies i.e. “Co-operative Marketing Societies” and “Milk Produce Co-operative Societies”, definitely indicates that there can exist more than one class of societies – apart from the common knowledge. 28. Section 4 12 of the SOCIETIES ACT contemplates that societies could be registered for different purposes. They are – “the promotion of the economic interests of its members or general welfare of its members or economic interest of the general welfare of the public”. 29. Since Section 11(1)(i) of the MARKETS ACT is establishing an electoral college for the election of a certain class (agriculturists) of members of the market committees, the legislature thought it fit that only the members of the 12 Section 4. Societies which may be registered .— A society, which has as its object the promotion of the economic interests or general welfare of its members or of the public, in accordance with co-operative principles, or as society established with the object of facilitating the operations of any such society, may be registered under this Act. 1 6

managing committees of those co-operative societies which have a nexus to agricultural activity should be members of the electoral college. 30. The submission of the appellant that Section 11(1)(i) imposes a legal obligation that the members of the managing committees of only those co-operative societies which are currently dispensing agricultural credit in the market area are entitled to participate in the electoral process of the concerned market committee (in other words, the phrase “co-operative societies dispensing agricultural credit” is indicative of the current activity of the societies but not the purpose for which the society is established), would lead to various difficult questions: (i) What is the period to which the currency of such activity would relate to? Whether the activity should be current when the voters’ list is prepared or the activity should continue even on the date of voting? (ii) Whether credit societies which do not dispense agricultural credit for a certain period of time because of either paucity of funds or borrowers are debarred 1 7

from “dispensing agricultural credit” because of some legal prohibition or any other reason operating temporarily cease to be societies whose objective is to provide agricultural credit? 31. Credit Societies against which there is an ‘interim order’ of winding up are temporarily debarred from dispensing agricultural credit, by virtue of the operation of law. The embargo imposed by such interim order may or may not fructify into a final order of winding up. (We have already discussed this aspect of the matter at para 21 supra ). On the face of such possibility of the society resuming its activity of “dispensing agricultural credit” - to debar its managing committee members from discharging their statutory obligation under the MARKETS ACT would be productive of public mischief. Such an interpretation of the statute must be avoided. 32. For the above reasons, we do not see any merit in the appeals. Therefore, the appeals are dismissed. 1 8

… .…………………………. J . (J. Chelameswar) …… .………………………. J . (Prafulla C. Pant) New Delhi; November 16, 2016 1 9

jäREPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO(s).3888 OF 2015VINESHKUMAR MAVJIBHAI PARMAR â¬ ¦Appellant(s)VERSUSDETHALI GOPALAK VIVIDH KARYAKARI SAHAKARIMANDALI LTD. AND ORS. ...Respondent(s)WITHCIVIL APPEAL NO(s). 3889 OF 2015CIVIL APPEAL NO(s). 3890 OF 2015CIVIL APPEAL NO(s). 3891 OF 2015CIVIL APPEAL NO(s). 3892 OF 2015CIVIL APPEAL NO(s). 3893 OF 2015CIVIL APPEAL NO(s). 3894 OF 2015CIVIL APPEAL NO(s). 3896 OF 2015J U D G M E N TChelameswar, J.1. All these eight appeals are preferred by the unsuccessfulrespondents in various special civil applications (writ petitions underArticle 226 of the Constitution) before the High Court of Gujarat atAhmedabad disposed of by a common judgment dated 17.3.2015.2. Whether the members of the Managing Committees ofco-operative societies (against whom proceedings under Section 107 of1the Gujarat Co-operative Societies Act, 1961 are pending) have a rightto participate in the election process of an Agricultural ProduceMarketing Committee constituted under the Gujarat AgriculturalProduce Markets Act, 1963. The two enactments mentioned above arereferred to hereinafter as â¬ Sthe SOCIETIES ACTâ¬ \235 and â¬ Sthe MARKETSACTâ¬ \235.3. The facts leading to the present litigation:Sec. 9 of the MARKETS ACT contemplates the establishment of aâ¬ SMarket Committeeâ¬ \235 for every â¬ Smarket areaâ¬ \235. Both expressions aredefined under Section 2(xiii) and 2 (xiv) 1.Section 10 of the MARKETS ACT declares market committees tobe bodies corporate with perpetual succession and a common seal.Section 11 stipulates that every market committee shall consist of 17members falling into 5 categories. Section 11(1)(i) stipulates that eightagriculturist members shall be elected by an electoral collegeconsisting of the members of the managing committees of theâ¬ Sco-operative societies dispensing agricultural creditâ¬ \235 (hereafterCREDIT SOCIETIES) in the market area.Section 11(1)(i) of the MARKETS ACT reads as follows:1 Section 2 (xiii) â¬ Smarket areaâ¬ \235 means any area declared or deemed to be declared to be a market area under thisAct; Section 2(xiv) â¬ Smarket committeeâ¬ \235 means a market committee established or deemed to be established under thisAct;2â¬ S eight agriculturists who shall be elected by members ofmanaging committees of co-operative societies (other thanco-operative marketing societies and milk produceco-operative societies) dispensing agricultural credit in themarket area;â¬ \2354. The activity of co-operative societies in the State of Gujarat isregulated by the SOCIETIES ACT. Section 107 of the SOCIETIES ACTprovides for the liquidation and winding up of the societies functioningunder the Act. Section 107(1) authorises the Registrar to pass aninterim order directing a cooperative society to be wound up for anyone of the reasons specified in clauses (a), (b) and (c) of Section 107(1).Sub-Section(3), thereof authorises the Registrar to pass a final orderafter granting a hearing to the society against which an interim order

under sub-Section(1) is made. Such a final order could be one eitherfinally winding up the society by confirming the interim order orvacating the interim order passed earlier, whichever is appropriate inlaw having regard to the facts and circumstances of the case. 5. In exercise of the power under Section 107 of the SOCIETIESACT proceedings were initiated by the Registrar 2 against elevenCo-operative societies (established for the purpose of dispensingagricultural credit) operating in the market area of a marketcommittee known as SIRPUR market committee, the details of which2 Section 2(17) of the Gujarat Co-operative Societies Act, 1961 - â¬ SRegistrarâ¬ \235 means a person appointed to be theRegistrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrarconferred on any other person under this Act, such person and includes an Additional or Joint Registrar;3are not necessary for the present purpose.6. We are concerned with only eight of the eleven co-operativesocieties mentioned above. Admittedly, with reference to each of thesaid eight co-operative societies, interim orders were passed initiallyunder Section 107(1) 3 of the SOCIETIES ACT directing them to bewound up. Subsequently, final orders directing the winding up of eachone of the said cooperative societies were also passed. The said orderswere challenged before the Appellate authority. The matterseventually reached the High Court, complete details of the litigationmay not be necessary except to say that the High Court had set asidethe final orders with a further direction to the Registrar to conduct aninquiry afresh under Section 107 of the SOCIETIES ACT and passappropriate final orders. Admittedly the said enquiry is pending. 7. Elections to the SIRPUR market committee fell due in the year2015. A voters list (under Rule 7 of the Gujarat Agricultural Produce3 Section 107 Winding up â¬ (1) [Except as otherwise provided in sub-section (1A) if the Registrar, â¬ -(a) after an inquiry has been held under section 86, or an inspection has been made under any of the provisions ofsub-section (8) of section 84, section 87 or section 88 or on the report of the auditor auditing the accounts of thesociety, or](b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society presentat a special general meeting called for the purpose, or (c) of his own motion, in the case of a society which â¬ (I) has not commenced working, or(ii) has ceased working, or(iii) possesses shares of members deposits not exceeding five hundred rupees, or(iv) has ceased to comply with any conditions as to registration and management in this act or [the rules orthe bye-laws, or](v) has failed to comply with any directions issued under sub-section (1) of Section 160 or such directionsas modified under sub-section (2) of that section.]is of the opinion that a society ought to be wound up, he may make an interim order directing it to bewound up.4Market Rules, 1965) came to be prepared consisting the names of themembers of the managing committee of the above-mentioned 8cooperative societies (alongwith other societies) operating within themarket area of the SIRPUR market committee.8. In view of the pendency of the liquidation proceedings, objectionsfor the inclusion of the names of the members of the managingcommittees of the 8 cooperative societies were raised. Objections wereupheld by the proceedings dated 26.2.2015 of the Additional Registrarand Co-operation Officer (Market), Patan, directing the deletion of thenames of the members of the managing committee of the

above-mentioned 8 cooperative societies 4. Operative portion of theorder dated 26.2.2015 w.r.t. one of the 8 societies reads;â¬ S I, Mr. H.G. Rawal, Authorized Officer & Co-operation Officer [Market],Patan & in exercise of the powers conferred in me and as per theprovisions of the Gujarat Agriculture Produce Market Committee Act,1963 and Market Committee Rules, 1965 allow the application by theobjector Mr. Parmar Vineshkumar Mavjibai and Prajapati ManishbaiKhemabhai for deleting the names of the Managing Committeemembers of the Shri Kalyana Group Gopalak Vividh KaryakariSahkari Mandali Ltd. at Kalyana, Taluka Siddhpur from theAgriculturist constituency voters list and accept the just and properobjections raised, and in the voters list Sr. 259 to 279 voters namesare ordered to be deleted. The said orders will be subject to the orderspassed by the Hon. High Court and Additional Registrar[Appeal],Co-operative society, Gujarat State, Gandhinagar. -sd- [S.G. Rawal] Additional Registrar & Co-operation Officer [Market] Patanâ¬ \2354 We take the facts of the first respondent society in Civil Appeal No. 3891/2015 as representative facts of the 8 appeals. 59. Aggrieved by such a decision, the members of the managingcommittee of the said society filed special civil applications invokingArticle 226 of the Constitution of India. By the judgment impugned inthese appeals, the special civil application was allowed setting asidethe orders of the Additional Registrar dated 26.2.2015. 10. We are informed that the facts relating to the other 7 societies aresubstantially similar.11. It is argued by the appellant;Since the 8 societies in question are in the process of beingwound up, they ceased to be CREDIT SOCIETIES within themeaning of Section 11(1)(i) of the MARKETS ACT because theiractivities are limited under Section 110 of the SOCIETIES ACTi.e., the business of the societies can be carried only so far asmay be necessary for the beneficial winding up of the society. Itis, therefore, submitted that the members of the managingcommittees of these 8 societies would be disentitled to be votersat an election for the agricultural market committee.According to the appellants, permitting the members of themanaging committees of CREDIT SOCIETIES which are in theprocess of being wound up, to participate in the election processand elect agriculturist members to the market committees, would6be inconsistent with the spirit of the MARKETS ACT, in view ofthe declaration contained in Section 108(2) 5 of the SOCIETIESACT. It is, therefore, submitted that the High Court erred in interferingwith the orders of the Registrar directing the deletion of the names ofthe members of the managing committees of the 8 societies from thevoters list. 12. None appears for anyone of the respondents.13. The purpose of the establishment of the market committees wasexamined and explained by this Court in M.C.V.S. ArunachalaNadar v. The State of Madras & Others , AIR 1959 SC 300. Aconstitution bench of this court made an elaborate inquiry into thelegislative history of the subject and held that: â¬ S The object of such legislation is to protect the producers ofcommercial crops from being exploited by the middlemen andprofiteers and to enable them to secure a fair return for theirproduceâ¬ \235(See Para 6)

14. For achieving the said purpose, market committees areconstituted under the laws made by the legislatures of various Statesgiving representation considered appropriate by the concernedlegislature to various classes of persons who have an interest in5 See F/N 9 infra 7achieving the purpose of the market committees. 15. The legislature of the State of Gujarat thought it fit to giverepresentation under the MARKETS ACT to 5 classes of persons: (i)agriculturists, (ii) traders holding general licences 6 (iii) representativesof the cooperative marketing societies 7 (iv) a nominated member by theconcerned local authority 8 within whose jurisdiction the â¬ Sprincipalmarket yardâ¬ \235 is situated and (v) two nominated members of the StateGovernment.16. Of the above-mentioned 5 classes of members, the first threeclasses consist of elected members and the later two are of nominated.Three distinct electoral colleges are created under sub-clause (i), (ii)and (iii) of Section 11(1) for electing the 3 classes of elected members. â¬ SSection 11. Constitution of market committee â¬ (1) Every market committee shall consist of the following membersnamely:-(i) eight agriculturists who shall be elected by members ofmanaging committees of co-operative societies other thanco-operative marketing societies and milk produce co-operative6 Section 2(ix) â¬ â¬ Slicenceâ¬ \235 means a licence granted under section 6 or, as the case may be, a general or special licencegranted under section 27;7 Section 2(v) â¬ â¬ Sco-operative marketing societyâ¬ \235 means a society registered or deemed to be registered as such underthe Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962), and engaged in the business of buying or selling ofagricultural produce or of possessing of agricultural produce and holding a licence;8 Section 2(xi) â¬ â¬ Slocal authorityâ¬ \235 means â¬ (a) a corporation constituted under the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949);or(b) a municipality constituted or deemed to be constituted under â¬ (i) the Bombay District Municipal Act, 1901 (Bom. III of 1901), or that Act as adapted andapplied to the Saurashtra area; or(ii) the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), or that Act as adapted andapplied to the Saurashtra area or that Act as applied to the Kutch area; or (c) a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959(Bom. III of 1959), or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayat Act, 1961 (Guj.VI of 1962);8societies dispensing agricultural credit in the market area;(ii) four members to be elected in the prescribed manner fromamongst themselves by the traders holding general licenses;(iii) two representatives of the Co-operative marketingsocieties situate in the market area and holding generallicenses, to be elected from amongst the members (other thannominal, associate or sympathizer members) of such societiesby the members of the managing committees of such societies:Provided that where the number of co-operative marketingsocieties so situate does not exceed two, only one representativeshall be so elected.â¬ \23517. While the elected representatives to the market committeebelonging to classes (ii) and (iii) mentioned above are required to bemembers of the concerned electoral college, the Act does not insistupon such requirement w.r.t. those who are to be elected under theclass (i) mentioned above. In other words, the members of the market

committee belonging to the 1 st of the abovementioned 5 classes neednot be members of the electoral college which elects them.18. The right to elect â¬ Üagriculturistsâ¬ "! to a market committee isconferred under Section 11 of the MARKETS ACT upon the electoralcollege consisting of members of the managing committees ofcooperative societies operating in the market area which aredispensing agricultural credit (hereafter CREDIT SOCIETIES). 919. The reason for the above, as we understand, is that those whoseek election under the category of agriculturists belong to a verynebulous class, whereas the persons falling under classes (ii) and (iii)mentioned above can be identified with certainty based upon publicrecords. Therefore, the legislature, in its wisdom, though it fit tocreate an electoral college which, by virtue of its very activity, would bein a better position to identify agriculturists eligible to contest for themembership of a market committee. By the very nature of the officeheld by them, members of the managing committees of â¬ Scooperativesocieties dispensing agricultural creditâ¬ \235 would have an opportunity tointeract with the agriculturists.20. The pendency of the liquidation proceedings in law 9, compels theelected members of the managing committee (OFFICERS of theSociety) of a co-operative society to hand over the custody and controlof all the property and assets, etc. of the society to the liquidatorappointed under Section 107(1) of the SOCIETIES ACT. According tothe appellants, the necessary implication flowing therefrom is that themembers of the managing committee of a society facing liquidation9 Section 108. Appointment of Liquidator - (1) When an interim or final order is made under Section 107 for the winding up of a society, the Registrar may, in accordance with the rules appoint a person to be the liquidator of the society, and fix his remuneration. (2) Where an interim order is made the officers of the society shall hand over to the liquidator the custodyand control of all the property, effects and actionable claims to which the society is or appears to be entitled, and ofall books, records and other documents pertaining to the business of the society and, shall have no access to any ofthem.10proceeding are debarred from anyway dealing with the affairs of theirsociety. Therefore, they should also not be permitted to exercise theright to participate in the election of a market committee.21. The powers of the liquidator are specified under Section 110, thedetails of which may not be necessary except to state that theliquidator virtually becomes the caretaker manager of the societywhose winding up is impending. At the same time it is equallyimportant to note that Sec. 108(3)(b) 10 stipulates that the officers 11 ofthe cooperative society vacate their offices only on the passage of thefinal order of winding up. Obviously, they continue to be the officebearers but are disabled from enjoying certain rights attached to theoffice and performing certain functions to be performed by the holdersof the office22. The rights and functions of the OFFICERS of a co-operativesociety are many. Some of them are created by the statute underwhich the office is created. Others could be the creation of subordinatelegislation (in the context of the present case, even the byelaws of thesociety). The existence or lack of such rights and functions depend10 108 (3) When a final order is made confirming the Interim, order, the officers of the societyxxx xxx xxx xxx(b) shall vacate their offices and while winding up order remains in force the general body of the society shall not exercise any powers.

11 Section 2(14) of the SOCIETIES ACT. â¬ â¬ Sofficersâ¬ \235 means a person elected or appointed by a society to any officeof such society according to its bye-laws; and includes a chairman, vice-chairman, president, vice-president,managing director, manager, secretary, treasurer, member of the committee, and any other person elected orappointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society.11upon the scheme and tenor of the SOCIETIES ACT and thesubordinate legislation made thereunder. Such rights and functionsare put an end to only by the operation of law i.e., the SOCIETIESACT. 23. Apart from that, nothing prevents the legislature from conferringby another law additional rights or functions on a person holding anoffice created under the SOCIETIES ACT. 24. The legislature of Gujarat by Section 11(1) of the MARKETS ACTconferred on the OFFICERS of a class of CREDIT SOCIETIES anadditional function of electing members of the market committees.Such function is neither conferred on the OFFICERS of all thesocieties functioning under the SOCIETIES ACT nor such functionincludes the right to elect every member of the concerned marketcommittee. Such a function obviously creates a right in the officers ofthe societies. Such a statutory right could not be taken away in theabsence of any express authority of law.25. The Gujarat legislature expressly provided under the SOCIETIESACT for the curtailment of certain rights of the officers of societiesfacing liquidation proceedings. It must be remembered that at the12same time it also declared that such OFFICERS cease to be theofficers of the Society only when a final order of winding up is passed.In a given case if the Registrar after an appropriate enquiry followingthe interim order of winding decides not to finally wind up the society,the OFFICERS of the society would once again be entitled to exerciseall the rights associated with it and perform all the functions attachedto the office. Therefore, merely because the officers of CREDITSOCIETY facing liquidation are disabled from enforcing certain rightsattached to the office or perform certain obligations appended to theoffice, it does not necessarily follow that they are disabled fromperforming every function entrusted by law to such office.26. We now deal with the submission that the society ceased to be aCREDIT SOCIETY in view of the pendency of the winding upproceedings.27. We are of the opinion that the phrase â¬ Sco-operative societiesdispensing agricultural credit in the market areaâ¬ \235 in Section 11(1)(i) ofthe MARKETS ACT is only descriptive of the purpose for which thesocieties are established. Section 11(1)(i) cannot be construed asimposing an incessant obligation of â¬ Sdispensing agricultural creditâ¬ \235 inorder to enable the members of the managing committee of CREDITSOCIETIES to participate in the election to the market committee. The13obligation, if any, to â¬ Sdispense agricultural creditâ¬ \235 arises under thebye-laws of the society subject of course to the availability of fundsand various other factors. We are of the opinion that the above quotedwords are only descriptive of the class of society the members of whosemanaging committees are entitled to participate in the election of themarket committee. It is obvious from the language of the sub-sectionthat there can exist more than one class of co-operative societiesfunctioning under the Act. The very fact that the legislature took careto expressly exclude members of the managing committees of twoclasses of societies i.e. â¬ SCo-operative Marketing Societiesâ¬ \235 and â¬ SMilkProduce Co-operative Societiesâ¬ \235, definitely indicates that there canexist more than one class of societies â¬ apart from the commonknowledge.

28. Section 4 12 of the SOCIETIES ACT contemplates that societiescould be registered for different purposes. They are â¬ â¬ Sthe promotionof the economic interests of its members or general welfare of itsmembers or economic interest of the general welfare of the publicâ¬ \235.29. Since Section 11(1)(i) of the MARKETS ACT is establishing anelectoral college for the election of a certain class (agriculturists) ofmembers of the market committees, the legislature thought it fit that12 Section 4. Societies which may be registered .â¬ A society, which has as its object the promotion of the economicinterests or general welfare of its members or of the public, in accordance with co-operative principles, or as societyestablished with the object of facilitating the operations of any such society, may be registered under this Act. 14only the members of the managing committees of those co-operativesocieties which have a nexus to agricultural activity should bemembers of the electoral college. 30. The submission of the appellant that Section 11(1)(i) imposes alegal obligation that the members of the managing committees of onlythose co-operative societies which are currently dispensingagricultural credit in the market area are entitled to participate in theelectoral process of the concerned market committee (in other words,the phrase â¬ Sco-operative societies dispensing agricultural creditâ¬ \235 isindicative of the current activity of the societies but not the purposefor which the society is established), would lead to various difficultquestions:(i) What is the period to which the currency of such activitywould relate to? Whether the activity should be current whenthe votersâ¬ "! list is prepared or the activity should continue evenon the date of voting? (ii) Whether credit societies which do not dispense agriculturalcredit for a certain period of time because of either paucity offunds or borrowers are debarred from â¬ Sdispensing agriculturalcreditâ¬ \235 because of some legal prohibition or any other reasonoperating temporarily cease to be societies whose objective is15to provide agricultural credit?31. Credit Societies against which there is an â¬ Üinterim orderâ¬ "! ofwinding up are temporarily debarred from dispensing agriculturalcredit, by virtue of the operation of law. The embargo imposed bysuch interim order may or may not fructify into a final order ofwinding up. (We have already discussed this aspect of the matter atpara 21 supra ). On the face of such possibility of the society resumingits activity of â¬ Sdispensing agricultural creditâ¬ \235 - to debar its managingcommittee members from discharging their statutory obligation underthe MARKETS ACT would be productive of public mischief. Such aninterpretation of the statute must be avoided. 32. For the above reasons, we do not see any merit in the appeals.Therefore, the appeals are dismissed. â¬ ¦ .â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦. J . (J. Chelameswar)â¬ ¦â¬ ¦ .â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦â¬ ¦. J . (Prafulla C. Pant)New Delhi;November 16, 2016 16ITEM NO.1 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal 3888/2015VINESHKUMAR MAVJIBHAI PARMAR APPELLANT(S) VERSUSDETHALI GOPALAK VIVIDH KARYAKARI

SAHAKARI MANDALI LTD. AND ORS. RESPONDENT(S)WITHCIVIL APPEAL NO(s). 3889 OF 2015CIVIL APPEAL NO(s). 3890 OF 2015CIVIL APPEAL NO(s). 3891 OF 2015CIVIL APPEAL NO(s). 3892 OF 2015CIVIL APPEAL NO(s). 3893 OF 2015CIVIL APPEAL NO(s). 3894 OF 2015CIVIL APPEAL NO(s). 3896 OF 2015Date : 16/11/2016 These appeals were called on for pronouncement of judgment today.For Appellant(s) Ms. Anitha Shenoy,Adv.For Applicant(s) Mr. D.N. Ray,Adv.Mr Lokesh K. Choudhary,Adv.Mrs. Sumita Ray,Adv. For Respondent(s) Hon'ble Mr. Justice J. Chelameswar pronounced the judgment ofthe Bench comprising of His Lordship and Hon'ble Mr JusticePrafulla C. Pant.The appeals are dismissed in terms of the signed reportablejudgment.[O.P. SHARMA] [RAJINDER KAUR] AR-CUM-PS COURT MASTER(Signed reportable judgment is placed on the file)17

1 ITEM NO.11-PH COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 3888/2015 VINESHKUMAR MAVJIBHAI PARMAR Appellant(s) VERSUS DETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS. Respondent(s) (With appln(s) for exemption from filing C/C of the impugned judgment and interim relief and office report) WITH Civil Appeal No. 3889/2015 (With appln(s) for directions and exemption from filing c/c of the impugned judgment and impleadment and office report) Civil Appeal No. 3890/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Civil Appeal No. 3891/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Civil Appeal No. 3892/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Civil Appeal No. 3893/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Civil Appeal No. 3894/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Civil Appeal No. 3896/2015 (With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Date : 26/10/2016 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE PRAFULLA C. PANT

2 For Appellant(s) Mr. V. Giri, Sr. Adv. Mr. Satyam Chahya, Adv. Ms. Srishti Agnihotri, Adv. Ms. Dharani Subramanian, Adv. Ms. Anitha Shenoy,Adv. For Impleadment(s) Mr. D.N. Ray, Adv. IA no.2 in CA3889/15Mr. Lokesh K. Choudhary, Adv. Ms. Sumita Ray, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R IA no. 2 in CA No. 3889/2015(application for impleadment) is allowed. Arguments heard. Judgment reserved. (DEEPAK MANSUKHANI) (RAJINDER KAUR) AR-CUM-PS COURT MASTER

è1ITEM NO.11-PH COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No(s). 3888/2015VINESHKUMAR MAVJIBHAI PARMAR Appellant(s) VERSUSDETHALI GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS. Respondent(s)(With appln(s) for exemption from filing C/C of the impugned judgment and interim relief and office report)WITH Civil Appeal No. 3889/2015(With appln(s) for directions and exemption from filing c/c of the impugned judgment and impleadment and office report)Civil Appeal No. 3890/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Civil Appeal No. 3891/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Civil Appeal No. 3892/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Civil Appeal No. 3893/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Civil Appeal No. 3894/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Civil Appeal No. 3896/2015(With appln(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)Date : 26/10/2016 These appeals were called on for hearing today.CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE PRAFULLA C. PANT2For Appellant(s) Mr. V. Giri, Sr. Adv.Mr. Satyam Chahya, Adv.Ms. Srishti Agnihotri, Adv.Ms. Dharani Subramanian, Adv. Ms. Anitha Shenoy,Adv. For Impleadment(s) Mr. D.N. Ray, Adv.IA no.2 in CA3889/15Mr. Lokesh K. Choudhary, Adv.Ms. Sumita Ray, Adv.For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIA no. 2 in CA No. 3889/2015(application for impleadment) is allowed.Arguments heard.Judgment reserved.(DEEPAK MANSUKHANI) (RAJINDER KAUR) AR-CUM-PS COURT MASTER

ITEM NO.25 COURT NO.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) DIARY NO(S). 11481/2015 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 23/04/2014 IN VATAP NO. 15/2014, VATAP NO. 16/2014, VATAP NO. 17/2014, VATAP NO. 18/2014 PASSED BY THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS M/S. THE ZIRA COOPERATIVE SUGAR MILLS LIMITED, ZIRA DISTRICT FEROZEPUR ETC. ETC. RESPONDENT(S) Date : 09/12/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks' time as a last chance is granted to the petitioners to cure the defects as pointed out by the Office. If the defects are not cured within the aforesaid period of two weeks, the special leave petitions shall stand dismissed without further reference to the Court. [VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER

L ITEM NO.25 COURT NO.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) DIARY NO(S). 11481/2015 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 23/04/2014 IN VATAP NO. 15/2014, VATAP NO. 16/2014, VATAP NO. 17/2014, VATAP NO. 18/2014 PASSED BY THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS M/S. THE ZIRA COOPERATIVE SUGAR MILLS LIMITED, ZIRA DISTRICT FEROZEPUR ETC. ETC. RESPONDENT(S) Date : 09/12/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Jagjit Singh Chhabra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks' time as a last chance is granted to the petitioners to cure the defects as pointed out by the Office. If the defects are not cured within the aforesaid period of two weeks, the special leave petitions shall stand dismissed without further reference to the Court. [VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod LakhinaDate: 2015.12.1117:08:12 ISTReason:

SECTION XVII MATTER FOR : COURT NO. : ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3893 OF 2015 Karnavati Vinners Pvt. Ltd. ...Appellant VERSUS New India Assurance Co. Ltd. & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 15 th April, 2013 when the Court was pleased to pass the following order: “Delay condoned. Leave granted.” It is submitted that there are four respondents in the Appeal. Respondent Nos. 1 to 3 are represented through Mr. Prashant Kumar,Advocate. Service of Respondent No. 4 is still awaited. It is further submitted that counsel for the Appellant and counsel for the Respondent Nos. 1 to 3 has filed there respective statement of case. and Counsel for the respondent Nos. 1 to 3 has filed counter affidavit. Service is incomplete in respect of Respondent No. 4. The matter above-mentioned is listed before the Ld. Registrar Court with this Office Report. Dated this the 30 th day of October, 2015. ASSISTANT REGISTRAR Copy to: Mr. Vimal Chandra S. Dave, Advocate Mr. Prashant Kumar , Advocate Mr. M. K. Dua , Advocate ASSISTANT REGISTRAR

LISTED ON: COURT NO. : ITEM NO. : SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION INTERLOCUTORY APPLICATION NO. 2 (Application for Impleadment) IN CIVIL APPEAL NO.3889 OF 2015 VINESHKUMAR MAVJIBHAI PARMAR ...APPELLANT VERSUS JODHPUR (VANASAN) GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LTD. AND ORS. ...RESPONDENTS OFFICE REPORT The matter abovementioned was listed alongwith the main (Civil Appeal No. 3877 of 2015) before the Hon'ble Court on 14.05.2015 when the Court interalia passed the following Order: “... Therefore, by the earlier order dated 20/04/2015, we directed that the votes polled by each of the contesting candidates be recorded separately in so far as above mentioned 132 disputed votes are concerned. The report submitted by the Returning Officer indicates that 6 candidates shown at Sl. Nos. 3,6,7,9,11 & 16 have secured the requisite qualifying number of votes even without taking into consideration the number of votes polled by them from out of the disputed 132 votes. In the circumstances, we direct that the result of the election be now declared of the above-mentioned 6candidates. List the matters in the last week of August, 2015.” It is submitted to the Hon'ble Court that Ms. Sumita Ray, Advocate has filed an application for impleadment to implead the applicant as party respondents and the same is registered as Interlocutory Application No. 2. The Application in the matter abovementioned is listed before the Hon'ble Judge in chambers with this office report. Dated this the 24 th day of August, 2015.

ASSISTANT REGISTRAR Copy to: Mr. Anitha Shenoy, Advocate Mr. K.V. Barathi, Advocate Ms. Sumita Ray, Advocate ASSISTANT REGISTRAR ap

ITEM NO.6 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Civil Appeal No(s). 3889/2015 VINESHKUMAR MAVJIBHAI PARMAR Appellant(s) VERSUS JODHPUR (VANASAN) GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LIMITED AND ORS. Respondent(s) (for direction and office report) Date : 31/07/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Ms. Anitha Shenoy,Adv. Mr. Satyam Y. Chaya,Adv. For Respondent(s) Mrs. Sumita Ray,Adv. Mr. Siddhartha Dave,Adv. Ms. Swati Ghildiyal,Adv. Ms. K. V. Bharathi Upadhyaya,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the appellant-applicant seeks leave to withdraw the I.A.No.3/2015 . I.A.No.3/2015 is accordingly dismissed as withdrawn. [O.P. SHARMA] [MALA KUMARI SHARMA] COURT MASTER COURT MASTER

Ü ITEM NO.6 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Civil Appeal No(s). 3889/2015 VINESHKUMAR MAVJIBHAI PARMAR Appellant(s) VERSUS JODHPUR (VANASAN) GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LIMITED AND ORS. Respondent(s) (for direction and office report) Date : 31/07/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Ms. Anitha Shenoy,Adv. Mr. Satyam Y. Chaya,Adv. For Respondent(s) Mrs. Sumita Ray,Adv. Mr. Siddhartha Dave,Adv. Ms. Swati Ghildiyal,Adv. Ms. K. V. Bharathi Upadhyaya,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the appellant-applicant seeks leave to withdraw the I.A.No.3/2015 . I.A.No.3/2015 is accordingly dismissed as withdrawn. [O.P. SHARMA] [MALA KUMARI SHARMA] COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byOm Parkash SharmaDate: 2015.08.0112:20:22 ISTReason: Ü ITEM NO.6 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Civil Appeal No(s). 3889/2015 VINESHKUMAR MAVJIBHAI PARMAR Appellant(s) VERSUS JODHPUR (VANASAN) GOPALAK VIVIDH KARYAKARI SAHAKARI MANDALI LIMITED AND ORS. Respondent(s)

(for direction and office report) Date : 31/07/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Ms. Anitha Shenoy,Adv. Mr. Satyam Y. Chaya,Adv. For Respondent(s) Mrs. Sumita Ray,Adv. Mr. Siddhartha Dave,Adv. Ms. Swati Ghildiyal,Adv. Ms. K. V. Bharathi Upadhyaya,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the appellant-applicant seeks leave to withdraw the I.A.No.3/2015 . I.A.No.3/2015 is accordingly dismissed as withdrawn. [O.P. SHARMA] [MALA KUMARI SHARMA] COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byOm Parkash SharmaDate: 2015.08.0112:20:22 ISTReason:

THAKORE SURAJJI CHENAJI v. SEDRANA SEVA SAHKARI MANDALI LTD .

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