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LPA/1575/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1575 of 2009
In
SPECIAL CIVIL APPLICATION No. 1002 of 2009
With
CIVIL
APPLICATION No. 10976 of 2009
In
LETTERS PATENT APPEAL No. 1575 of
2009
=================================================
JAYESH
HEMANTBHAI JOSHI - Appellant(s)
Versus
RAJKOT
NAGARIK SAHAKARI BANK LTD (MULTI STATE BANK) - Respondent(s)
=================================================
Appearance
:
MR
SHALIN N MEHTA for Appellant(s) : 1, 1.2.1, 1.2.2,1.2.3
MR JR
SHAH for Respondent(s) :
1,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/04/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From
the affidavit filed by the respondent-Bank, prima facie, it appears
that the Bank has not properly calculated the amount, or is trying to
mislead the Court. To find out the genuineness, we direct the
respondent-Bank to produce the total records of cash credit account
no.351 and term loan account no.142/1/14, as shown in the name of the
appellant, wherein debit and credit of total amounts have been shown,
and if necessary, to get the matter verified by an officer of a
nationalised bank. If we find that the statement prepared by the
Bank is right, then cost of verification by other officer will be
recovered from the appellant. On the contrary, if it is found that
the Bank has wrongly calculated the amount, in such case, cost will
be recovered from the Bank. Post the matter on 2nd May 2011 on the
top of the list.
(S.J.
MUKHOPADHAYA, C.J.)
(AKIL
KURESHI, J.)
[sn
devu] pps
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