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MCA/1468/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1468 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8278 of 2005
=========================================================
JANAK
JAYANTILAL VYAS - Applicant(s)
Versus
AMARNATH
CO-OP BANK LTD & 1 - Opponent(s)
=========================================================
Appearance
:
MR
PUSHPADATTA VYAS for
Applicant(s) : 1,
NOTICE SERVED BY DS for Opponent(s) : 1 - 2.
MR
KETAN D SHAH for Opponent(s) : 1,
GOVERNMENT PLEADER for
Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/08/2010
ORAL
ORDER
Having
heard learned advocates appearing for the parties, I am of the
opinion that though there may be some dispute about fulfilling
condition of depositing Rs. 1 lakh within two months from 20.7.2006
i.e. date on which Special Civil Application No. 8278/2005 was
disposed of, on suitable conditions, proceedings are required to be
remanded to the Board of Nominees.
It
is stated that pursuant to order dated 6.7.2010 passed in Misc. Civil
Application No. 1468/2010 present applicant has deposited further sum
of Rs.1 lakh before the High Court. Same can be paid over to
respondent bank.
It
would thus appear that respondent bank had received an amount of Rs.
1 lakh on 1.12.2006. Another sum of Rs. 1 lakh is being released
under this order.
Under
the circumstances, impugned orders dated 15.9.2008 and 29.3.2010 are
set aside. Proceedings are remanded to the Board of Nominees for
fresh consideration in accordance with law after giving opportunity
to both sides. Amount of Rs. 1 lakh lying with Registry of High Court
be released in favour of respondent no.2 subject to outcome of the
suit.
Despite
this order it will be open for the parties to arrive at amicable
settlement.
With
these directions, the application is disposed of.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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