Gujarat High Court Case Information System
Print
COMP/136/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 136 of
2011
=========================================================
UCO
BANK - Petitioner(s)
Versus
ELECTROTHERM
(INDIA) LTD - Respondent(s)
=========================================================
Appearance
:
MR
PRANAV G DESAI for
Petitioner(s) : 1,
MR DHARMESH V SHAH for Respondent(s) : 1,
MR
LALIT M PATEL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/11/2011
ORAL
ORDER
1. Mr.Desai,
learned advocate has appeared on behalf of the petitioner and
Mr.Shah, learned advocate has appeared on behalf of the respondent.
2. Heard
learned advocates for the respective parties.
3. Mr.Shah,
learned advocate for the respondent has made request for adjournment
on the ground that the respondent seeks to file affidavit opposing
the petition.
4. Mr.Desai,
learned advocate for the petitioner has submitted that he has no
objection if the respondent wants to file affidavit opposing the
petition, however according to the applicant bank there is no dispute
with regard to the cause for the petition inasmuch as the applicant
bank has granted facility of Short Term Loan to the respondent
company against post dated cheque, however without any security. He
further submitted that on the date of maturity of the loan period
when the post dated cheque was to be realized, it was dishonoured.
Thereafter the respondent company, according to the applicant bank
while requesting for extension of time to make payment, admitted its
dues. In support of his aforesaid submission Mr.Desai, learned
advocate for the applicant has relied on the documents at pages 20,
41,42 and respondent’s letters dated 18.5.2011 and 17.6.2011 at pages
43 and 44 respectively.
5. Mr.
Shah, learned advocate for the respondent has submitted that the
respondent seeks to place on record relevant and connected facts and
for the said purpose the respondent needs some time.
6. Having
regard to the request made by learned advocate for the respondent,
the hearing of the present petition is adjourned to 01.12.2011.
(K.M.THAKER,J.)
Suresh*
Top