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SCA/9892/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9892 of 2008
=========================================================
HIMATNAGAR
TALUKA GOPALAK VIVIDH KARYAKARI SAHAKARI & 1 - Petitioner(s)
Versus
SABARKANTHA
DISTRICT CENTRAL CO OPERATIVE BANK LTD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 01/08/2008
ORAL
ORDER
1. Leave
to delete respondent no. 3.
2. The
petitioners have preferred this petition for appropriate writ to
direct the respondents to extend the benefit of Debt Relief Scheme of
2008 to the petitioner ? society.
3. Upon
hearing Mr. JV Japee learned advocate for the petitioners, it appears
that the contention of the petitioners is that they are covered by
the Scheme and for extending the benefit under the scheme, the
application is made by the petitioners to the respondent no. 1 ?
Bank. It is also submitted on behalf of the petitioners that the
respondent no. 1 Bank has not taken any decision and petitioner is
conveyed that as respondent no. 1 has not taken any decision and
respondent no. 2 is not able to decide.
4. Under
the circumstances, as no decision is rendered in either way by
respondent no. 1 or 2, as the case may be, the judicial scrutiny
cannot be undertaken at this stage.
5. Hence,
the present petition is disposed of with the observations that the
application dated 16.6.2008 of the petitioner copy whereof is
produced at Annexure-E shall be examined and appropriate decision
shall be taken in accordance with law by respondent no. 2 ? Bank
preferably within a period of 8 weeks from the receipt of the order
of this Court.
6. The
petition is disposed of accordingly with a liberty to the respondent
no. 1 or 2 to apply for modification, in case, they are aggrieved by
any of the observations.
(JAYANT
PATEL, J.)
mandora/
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