N.H.BHATT - (1.) These four matters involving common question of interpretation of sec. 164 of the Gujarat Co-operative Societies Act. 1961 (hereinafter referred to as the Act for the sake of brevity can be conveniently dealt with and disposed of by this common judgment and we are happy to note that Mr. Joshi the learned counsel appearing for the four petitioners in the four matters and Mr. M. I. Hawa appearing for the State Government and the Registrar common respondents in four matters have agreed to this common treatment.
(2.) In order to understand the controversies more or less common in these four matters a few facts are required to be noted few precision and charity. Various co-operative societies are existing in Bhavnagar District. In respect of these various societies liquidation proceedings had come to be initiated by the Registrar under sec. 107 of the Act because he was of the opinion that those societies ought to be wound up Interim orders were passed and final orders were also passed with the result that the Bhavnagar District Co-operative Bank Limited who appears to be a substantial creditor of these co-operative societies had come to be appointed as the liquidator under sec. 108 of the Act. Under sec. 114 of the Act the winding up proceedings of a society are to are closed within are years from the date of the order of winding up unless the period was extended by the Registrar. All the case of various societies which are involved it these four proceedings before us the period had come to be extended to the maximum limit namely foul years in the aggregate. The Bhavnagar District Co-operative Bank limited the Liquidator however could not conclude its proceedings of winding up and in one case had read a move through the District Registrar and the move was directed to the State Government to exercise its power under sec. 161 of the Act. In the Special Civil Application No. 2645 of 1981 there is a prayer sought for to the effect that the State Government be directed to exercise the powers under sec. 161 of the Act and the period be extended 50 as to enable this Co-operative Bank to conclude the liquidation proceedings to its satisfaction. In the Special Civil. Application No. 879 of 1989 also there is such a prayer preceded by the prayer for quashing of the order annexure-A which was passed joy the State Government rejecting the applications in revision against the Registrars attempt not to extend the period beyond a period of three years or four years etc. By the time the Government came to handle this matter seven years period was already over. The Government even on merits rejected the revision application upholding the decision of the District Registrar Hence in this special civil application also the prayer is that the order annexure-A passed by the Government be set aside and the Government be called to upon to extend the period in exercise of the alleged powers under sec. 161 of the Act. The Letters Patent Appeal No. 283 of 1981 is against the summary rejection of the very District Co-operative Banks petition No. 1617 of 1980 and the prayer an the petition was that the State Government should be directed to pass an order under sec. 161 of the Act giving exemption to this District Co-operative Bank from the provisions of sub-sec. (1) of Sec. 114 of the Act and the ultimate idea was to get the period extended till the winding up proceeding were fully over. The Letters Patent Appeal No. 194 of 1984 is directed against the order of our brother G. T. Nanavati J.in he Special Civil Application No. 4108 of 1983 which was a petition filed for setting aside the order annexure-G and directing the Registrar to forward the proposal immediately to the State Government and a direction to the State Government to pass appropriate orders about extension of the period beyond seven years or three years whatever it is.
(3.) The above synopsis would show that to all intents and purposes the player that is sought for before us is that we should direct the State Government to exercise its powers under sec. 161 the Act so that the period of three years or the period upto seven years is still extended so that the applicant District Co-operative Bank exercises its powers as a liquidator and completes the liquidation proceedings because it appears to be a substantial creditor of these various co-operative societies concerned.;