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SCA/11027/2010 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11027 of 2010
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B
L FUSEGEAR PRIVATE LTD & 2 - Petitioner(s)
Versus
ANNYONYA
CO OPERATIVE BANK LTD & 1 - Respondent(s)
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Appearance :
MR
HM PARIKH for Petitioner(s) : 1 - 3.MR RASESH H PARIKH for
Petitioner(s) : 1 - 3.
MR KM PARIKH for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/03/2011
ORAL ORDER
Heard
Mr. H.M.Parikh, learned advocate for the petitioners and Mr.
K.M.Parikh, learned advocate for the respondents.
2. The
main grievance of the petitioners in present petition is that the
learned tribunal has declined to entertain the application on the
ground of delay and the request to condone the delay has not been
accepted. Hence, the petitioners are before this Court.
3. Mr.
K.M.Parikh, learned advocate for the respondents, wants to file
affidavit.
4. The
petition involving the aforesaid limited contention is pending since
September 2010. As it emerges from the record that the learned
tribunal has declined to condone the delay, the petition requires
consideration. Hence, RULE. Mr. K.M.Parikh, learned advocate, waives
service of notice of rule on behalf of the respondents.
5. Mr.
K.M.Parikh, learned advocate for the respondents, has submitted that
during the pendency of the petition, the respondent – Bank has
gone into liquidation and the Liquidator has been appointed. The
petitioners have subsequently amended the petition to implead the
Liquidator as party to the proceedings and the respondent –
Bank is now being represented by the Liquidator. Mr. Parikh, learned
advocate for the respondents, has also submitted that an offer for
One Time Settlement has been exchanged between the parties and final
decision is required to be taken.
6. Having
regard to the aforesaid submissions, the Registery is directed to
list the present writ petition in Separate Board for Final Hearing on
1.4.2011.
In
the meanwhile, the parties will place on record the details regarding
the offer for One Time Settlement, which has been exchanged between
the parties, and its outcome.
[K.M.Thaker,
J.]
kdc
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