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CA/2961/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2961 of 2010
In
FIRST
APPEAL No. 656 of 2010
=========================================
OFFICIAL
LIQUIDATOR, U P CO-OPSPINNING MILLS FEDERATION LTD - Petitioner(s)
Versus
AHMEDABAD
MERCANTILE CO-OP. BANK LTD - Respondent(s)
=========================================
Appearance :
MR
MB GOHIL for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 26/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Present
application is for interim injunction pending First Appeal. We have
heard Mr.Gohil, learned Advocate for the appellant and Mr.Mukesh Dave
with Mr.Trivedi, learned Advocate for the opponent.
2. It
appears that one of the points requires for consideration is as to
whether liquidator was required to be joined as party at the time
when decree was passed by the Trial Court. But on the aspect of
interim injunction the Court would require to consider merits of
defence, if any, of the appellant Company. Mr.Gohil, learned
Advocate for the appellant has not been able to show any valid
defence about liability on the part of the appellant to pay amount of
bond. Therefore, we find that it would not be a case for staying,
execution and implementation of judgment and decree passed by the
Trial Court except observing that if any payment is realized out of
execution, same shall be subject to final order in the appeal.
Application is disposed of accordingly.
[Jayant
Patel,J.]
[Smt.
Abhilasha Kumari,J.]
satish
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