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MCA/2142/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2142 of 2008
In
SPECIAL
CIVIL APPLICATION No. 3851 of 2008
=========================================================
M/S
SKY VIEW ELECTRONICS & 3 - Applicant(s)
Versus
THE
SURAT MAHILA NAGARIK SAHAKARI BANK LTD. & 2 - Opponent(s)
=========================================================
Appearance
:
MR
BHARAT T RAO for
Applicant(s) : 1 - 4.
MR RAVINDRA SHAH for Opponent(s) : 1,
None
for Opponent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 01/08/2008
ORAL
ORDER
1. Upon
hearing the learned counsel appearing for the applicants and
respondent ? Bank, it appears that, as declared by the learned
counsel for the respondent ? Bank, the notice dated 3.7.2008 has
been issued by the District Magistrate on the bases of the earlier
application made by the respondent ? Bank. However, thereafter, the
order dated 6.5.2008 has been passed by this Court in Special Civil
Application No. 3851/2008.
2. Therefore,
as a consequence thereof, there will not be any action under the
Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002. The resultant effect would be that
the District Magistrate will not be in a position to take any action
at the instance of the respondent- Bank against the applicants under
the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
3. The
applicants shall be at liberty to produce the copy of the order
before the District Magistrate. This application stands disposed of
accordingly.
(JAYANT
PATEL, J.)
mandora/
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