Suleman vs Kotak on 28 May, 2008

  
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 

SCA/7979/2008	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 7979 of
2008 
=========================================================

 

SULEMAN
A KALANIYA & 7 - Petitioner(s)
 

Versus
 

KOTAK
MAHINDRA BANK LTD - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
AL SHAH SENIOR ADVOCATE WITH MR PAVAN S GODIAWALA for
Petitioner(s) : 1 - 8. 
None for Respondent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.M.THAKER
		
	

 

Date
: 28/05/2008  
ORAL ORDER

Mr.

Ashok L. Shah appears with Mr. Godiawala and submits that the
petitioners herein are the guarantors qua the company against which
the action is proposed by the respondent. Mr. Shah further submits
and asserts that the respondent company is not a ýSsecuritisation
companyýý as defined under Section 2(za) of the Act and therefore,
does not have any right in law to sell the property in question.

In
that view of the matter, Notice returnable on 6th June,
2008. In the meanwhile, the
respondent company will not sell the disputed property.

Direct
Service is permitted.

[K.M.Thaker,
J.]

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