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SCA/13526/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13526 of 2010
=========================================================
MORBI
NAGRIK SAHAKARI BANK LTD THRO' CHAIRMAN / MANAGER/ - Petitioner(s)
Versus
SUJITABEN
HASMUKHRAI PANDIT - Respondent(s)
=========================================================
Appearance
:
MR
BAIJU JOSHI for
Petitioner(s) : 1,
MR BD KARIA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 14/02/2011
ORAL
ORDER
Heard learned Advocate
Mr.Baiju Joshi for the petitioner and learned Advocate Mr.B.D.Karia
for the respondent.
2. Learned Advocate for
the petitioner pointed out the original Register, wherein the date
mentioned is 19.02.2001. He submitted that the Hon’ble Commission
has erred in taking the date to be 19.02.2009 as is mentioned in the
impugned order dated 04.08.2010 passed in Appeal No.917 of 2010,
wherein the Hon’ble Commission has observed as under:-
“….. We are
therefore of the opinion that the date is 19-2-2009…….”
2.1 Learned Advocate
for the petitioner submitted that as the petitioner could not point
this original Register to the Hon’ble Commission at the relevant
time, the petitioner has to move this Court. Learned Advocate for
the petitioner further submitted that appeal being Appeal No.1130 of
2010 is pending before the Hon’ble Commission and the Hon’ble
Commission, taking into consideration the original Register, will
have to take into consideration the date and that will be 19.02.2001
and in light of that, there will be two contradictory orders by the
Hon’ble Commission. Therefore, it is requested that this order may
be quashed and set aside and the and the matter may be remitted back
to the Hon’ble Commission so as to see that Appeal No.917 of 2010 is
also heard along with Appeal No.1130 of 2010.
3. The petition is
allowed. Judgment and order dated 04.08.2010 passed in Appeal No.917
of 2010 is quashed and set aside. The matter is remitted back to the
Hon’ble Commission for hearing the same along with Appeal No.1130 of
2010.
(Ravi
R.Tripathi, J.)
*Shitole
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