High Court of Gujarat

ARVINDBHAI VITTHALDAS PATELversusUMIYA BETALIS CREDIT COOPERATIVE SOCIETY LIMITED

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is withdrawn and disposed of, with liberty granted to the petitioners to file appropriate proceedings challenging the final order.

Summary

The petitioners Arvindbhai Vitthaldas Patel & ors filed a special civil application challenging an interim order passed by the Board of Nominees, Ahmedabad. While the petition was pending, the Board issued a final order on 02-04-2026, rendering the interim order moot. The respondent’s counsel argued that the petition no longer survived in view of the final order. The petitioners sought permission to withdraw the petition, reserving the right to file fresh proceedings against the final order. The Court granted permission to withdraw, disposed of the petition as withdrawn, and discharged the notice, while leaving open the avenue for the petitioners to challenge the final order in appropriate proceedings.

Issues considered

Does the filing of a final order by the Board of Nominees render the pending petition challenging the interim order non‑viable?
May the petitioners be permitted to withdraw the petition while preserving the right to challenge the final order?

Subjects

civil procedureinterim orderwithdrawal of petitionBoard of Nomineescooperative society

Judgment

     C/SCA/3639/2026                              ORDER DATED: 28/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3639 of 2026

==========================================================
              ARVINDBHAI VITTHALDAS PATEL & ORS.
                             Versus
       UMIYA BETALIS CREDIT COOPERATIVE SOCIETY LIMITED
==========================================================
Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1,2,3
VYOM H SHAH(9387) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 28/04/2026

                              ORAL ORDER


      Mr. Vyom Shah, learned counsel for the respondent has
submitted that the present petition is filed challenging the
impugned interim order passed by the Board of Nominees,
Ahmedabad and pending this petition, the Board of Nominees,
Ahmedabad passed the final order on 02.04.2026 and in view of
that, the present petition does not survive.


      In view of the final order passed by the Board of Nominees,
Ahmedabad, Mr. Dipan Desai, learned counsel for the petitioners
seeks permission to withdraw the petition with a liberty to file
appropriate proceedings challenging the final order.


      Permission as sought for is granted. The petition stands
disposed of as withdrawn. Notice is discharged.


      It is open for the petitioner to file appropriate proceedings
challenging the final order. It is also open for the petitioner to


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           C/SCA/3639/2026                                                   ORDER DATED: 28/04/2026




   take all the necessary contentions available in the eye of law and
   the same shall be decided in accordance with law.



                                                                 (HEMANT M. PRACHCHHAK,J)
   ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/04/2026 17:43:38




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