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AO/394/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 394 of 2007
=========================================================
BANK
OF MAHARASHTRA - Appellant(s)
Versus
SURESH
CHHAJURAM SINGHAL & 9 - Respondent(s)
=========================================================
Appearance :
MR
SS PANESAR for Appellant(s) : 1,
MR MANAV A
MEHTA for Respondent(s) : 1,
None for Respondent(s) : 2 - 4.
MR
MIHIR A LAKHIA for Respondent(s) : 5 - 7.
NOTICE SERVED BY DS for
Respondent(s) : 8, 10,
MR VIPUL MISTRY, ASST. GOVERNMENT PLEADER
for Respondent(s) :
9,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/08/2008
ORAL
ORDER
1. Following
are the questions which are required to be considered in detail while
considering Appeal from Order which might ultimately affect the
outcome of the suit, hence, Appeal from Order is Admitted :
1. Whether
in the facts and circumstances of the case, section 53 of the
Transfer of the Property Act would have any application?
2. As
the property in question is purchased by the Company not from the
original debtor but from the Guarantor and that too in the month of
July, 2005 and the proceedings before the D.R.T are initiated in
2007, still section 53 of Transfer of Property Act would be
applicable?
2. In
the facts and circumstances of the case, Registry is directed to
notify present Appeal from Order on Board for final hearing on 17th
October, 2008.
3. Mr.Manav
Mehta, learned Advocate waives service of notice of admission on
behalf of respondent Nos.2,3 and 4. Mr.Mihir Lakiha, learned Advocate
waives service of notice of admission on behalf of respondent
Nos.1,5,6 and 7 and Mr.Vipul Mistry, learned A.G.P. waives service of
notice of admission on behalf of the respondent No.10 and 9.
[M.R.Shah,J.]
satish
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