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SCA/9368/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9368 of 2008
=========================================
HARSHABEN
VASANTKUMAR SHETH
Versus
ASSISTANT
GENERAL MANAGER AND ANOTHER
=========================================
Appearance :
MR
HASMUKH C PATEL for the Petitioner
MR CHUDGAR
for NANAVATI ASSOCIATES for the
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 29/07/2008
ORAL
ORDER
1. It
has come to the notice of this Court that the banks, in enthusiasm of
recovering money, do not respect the basic principles of
justice/natural justice.
2. It
is the case of the petitioner that the respondent Bank gave a notice
under Section 13(2) of the Securitization on 20.03.2003 asking for an
amount of Rs.12,17,561/-. It is also the case of the petitioner that
the petitioner paid a sum of Rs.6,05,000/- and odd before the
respondent Bank filed Criminal Misc. Application No.179 of 2007,
wherein an order is passed on 09.08.2007.
3. The
specific contention of the petitioner is that the respondent Bank did
not disclose an important material fact of payment of Rs.6,05,000/-
after receipt of 13(2) notice and before filing of Criminal Misc.
Application No.179 of 2007.
It
is a serious matter.
4. Mr.Chudgar
for Nanavati Associates, learned advocate for the respondents wants
time to take instructions in this regard. At his request, the matter
is adjourned to 01.08.2008.
(RAVI
R.TRIPATHI, J.)
*Shitole
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