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LPA/1575/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1575 of 2009
In
SPECIAL
CIVIL APPLICATION No. 1002 of 2009
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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
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 03/05/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Pursuant
to the Court’s order dated 22.4.2011, the respondent – bank has
filed an affidavit enclosing a copy of the record of Cash Credit
Account No. 351 and Term Loan Account No. 142/1/14, as appearing in
the name of the appellant, wherein debit and credit of total amounts
have been shown.
With
a view to find out whether the amount has been properly calculated,
as there appears to be genuine dispute, we are of the view that the
matter should be verified by an officer of a nationalized bank viz.
State Bank of India branch running in the premises of the High Court.
We request the Branch Manager, State Bank of India, High Court
Branch to get the documents verified through any of its officers to
find out whether the respondent – Rajkot Nagarik Sahakari Bank
Ltd. has made proper calculation of the debit and credit of the total
amounts and what is the amount due and payable by appellant –
Jayesh Hemantbhai Joshi in favour of Rajkot Nagarik Sahakari Bank
Ltd.
The
appellant and the officer of Rajkot Nagarik Sahakari Bank Ltd. will
report to the Branch Manager, State Bank of India, High Court Branch
on or before 16.5.2011, when the said Officer will fix a date. The
Officer of Rajkot Nagarik Sahakari Bank Ltd. will produce all the
relevant records, if necessary, for the said purpose before the
Officer as may be authorized by the Branch Manager, State Bank of
India, High Court Branch on the date as may be fixed by the Branch
Manager. The Office will also find out whether any penal interest on
interest was charged by the respondent – Rajkot Nagarik Sahakari Bank
Ltd.
It
is expected that a report, after proper calculation, will be
submitted by the Branch Manager, State Bank of India, High Court
Branch by 8th June, 2011.
The
Court may decide whether any amount is to be paid to the officer who
made such calculation at the instance of the parties.
Let
a copy of this order be handed over to the learned counsel for the
appellant and Rajkot Nagarik Sahakari Bank Ltd., who will produce the
same before the Branch Manager, State Bank of India, High Court
Branch.
Post
the matter on 16th June, 2011 within ten cases.
[S.
J. MUKHOPADHAYA, CJ.]
[J.
B. PARDIWALA, J.]
sundar/-
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