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SCA/4192/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4192 of
2010
=========================================================
THE
KOSAMBA MERCANTILE CO OPERATIVE BANK LTD - Petitioner(s)
Versus
JAGRUTIBEN
MANOJBHAI RAMANI & 2 - Respondent(s)
=========================================================
Appearance
:
MR
BAIJU JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 08/04/2010
ORAL
ORDER
Heard
Mr. Baiju Joshi, learned counsel for the petitioner. It is submitted
by him that the impugned order of the Tribunal, whereby unconditional
leave to defend has been granted to respondents Nos.2 and 3, and the
amount imposed by the Board of Nominees on the respondents has been
substantially reduced, is passed on a wrong premise, inasmuch as it
is held by the Tribunal that an amount of Rs.22,41,000/-(Rupees
Twenty Two Lacs Forty One Thousand) has been received by the
petitioner-Bank from one Shri Milan Shah, whereas in the Leave to
Defend Application filed by the respondent, it is admitted that the
said Shri Milan Shah, who is a third-party, though had undertaken to
clear the dues of the respondents, has failed to do so.
Hence,
issue Notice, returnable on 26.04.2010. The
implementation, execution and operation of the impugned order dated
23.02.2010, passed by the Gujarat State Cooperative Tribunal,
Ahmedabad, shall remain stayed till then.
In
addition to the normal mode of service, Direct Service is
also permitted.
(Smt. Abhilasha Kumari, J.)
Safir*
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