B B SHROFF Vs. SARDAR BHILANDWALA PARDI PEOPLES CO OPERATIVE BANK LIMITED

JUDGEMENT

(1.) Rule to be heard today. Mr. V. C. Desai waives service of the Rule on behalf of the first respondent and Mr. M. I. Hava waives service of the Rule on behalf of the second and third respondents

(2.) The question herein relates to the validity of an order dated 23/04/1979 made by the second respondent under sec. 13 (2) of the Gujarat Co-operative Societies Act 1961 (hereinafter referred to as the Act) registering the amendment of the by-laws of the first respondent co- operative Society which has been confirmed by the order dated 29/05/1980 passed by the third respondent by dismissal of the appeal preferred against the said order by the petitioner Society.

(3.) Sec. 13 (1) provides that no amendment of the by-laws of a society shall be valid until registered under the Act. For the purpose of registra- tion of an amendment of the by-laws a copy of the amendment passed in the manner prescribed at a general meeting of the society is required to be forwarded to the Registrar. Sub-sec. (2) provides that if the Registrar is satisfied that the amendment so forwarded is not contrary to the Act or the rules he may register the amendment provided that no order refusing to register the amendment shall be passed except after giving the society an opportunity of being heard. Under sub-sec. (3) when the Registrar registers an amendment of the by-laws of a society he shall issue to the society a copy of the amendment certified by him which shall be conclusive evidence of its registration. Sub-sec. (4) requires the Regis- trar when he refuses to register an amendment of the by-laws of a society to communicate the order of refusal together with his reasons therefore to the society.