High Court of Gujarat

BHUSHANKUMAR KARSANDAS JOGIversusREGISTRAR OF COOPERATIVE SOCIETIES, GUJARAT STATE

Decided: 9 July 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Bhushankumar Karsandas Jogi, filed a Special Civil Application before the Gujarat High Court against the Registrar of Cooperative Societies and others. Respondent No.3, Arbitrator A.S. Khandhar, submitted a communication stating he had no personal interest in four related cases and declined to conduct proceedings between the petitioner and Rajkot Nagarik Sahakari Bank Limited. On the basis of this communication, the petitioner’s counsel sought permission to withdraw the petition. The Court granted the request, dismissing the petition as withdrawn without examining the merits of the underlying dispute.

Issues considered

Whether the petition can be dismissed as withdrawn upon the arbitrator's declaration of non‑participation and the petitioner's request?
Whether the Court is required to examine the merits of the case before dismissing it as withdrawn?

Subjects

Arbitration
Withdrawal of petition
Special Civil Application
Cooperative Societies
Procedural law
High Court of Gujarat

Judgment

             C/SCA/8128/2026                                                             ORDER DATED: 09/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO.8128 of 2026

    =========================================
                         BHUSHANKUMAR KARSANDAS JOGI
                                     Versus
             REGISTRAR OF COOPERATIVE SOCIETIES,GUJARAT STATE & ORS.
    =========================================
    Appearance :
    ADITYA A GUPTA for the Petitioner.
    MS DHARITRI PANCHOLI, AGP for the Respondent No.1.
    MR PREMAL RACHH for the Respondent No.3.
    =========================================
     CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                  Date : 09/07/2026
                                                       ORDER
                          Today,          learned           advocate             Mr.      Premal           Rachh          has
    appeared on behalf of the respondent No.3 i.e. Arbitrator Shri A. S.
    Khandhar              has        placed          on      record          a      scanned            copy        of      the
    communication dated 7.7.2026 addressed to learned advocate Mr.
    Rachh. In the said communication, the respondent No.3 has stated
    that in respect of the four cases being Case Nos.28/26, 29/26,
    30/26 and 61/26, he has no personal interest involved and he does
    not want to conduct the proceedings between the parties i.e. the
    petitioner and Rajkot Nagarik Sahakari Bank Limited. A scanned
    copy of the said communication is taken on record.


                          In view of the above communication, as the grievance
    of the petitioner stands redressed, learned advocate Mr. Aditya
    Gupta, under instructions, seeks permission to withdraw this
    petition. Permission as prayed for is granted. The petition stands
    dismissed as withdrawn. It is made clear that this Court has not
    examined the merits of the case.

                                                                                       (NIRZAR S. DESAI,J)
    SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 15:07:09

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