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SCA/8603/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8603 of 2011
=========================================
NARANBHAI
RAMCHAND RAJANI - PROP OF RAJANI CYCLE STORES & 2 - Petitioner(s)
Versus
BHAVNAGAR
MERCENTILE CO OP BANK LTD - Respondent(s)
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Appearance :
MR
NIRZAR S DESAI for
Petitioner(s) : 1 - 3.
M/S THAKKAR ASSOC. for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 29/07/2011
ORAL
ORDER
1. As
per order dated 11.07.2011 passed by this Court, the petitioners have
deposited Rs.1,00,000/- (Rupees one lac only) before the Board of
Nominees, Bhavnagar.
2. Without
deciding the matter on merits, till Gujarat State Cooperative
Tribunal, Ahmedabad decides delay condonation application, interim
relief granted by this Court vide order dated 11.07.2011 in terms of
para 18(C) to continue which reads as under :-
“(C) Pending
admission, hearing and final disposal of the petition, Your Lordships
may be pleased to restrain respondent bank from seizing the
properties of the petitioners as mentioned in notice dated 21.06.2011
and 22.06.2011 at Annexure – A and Annexure – B to this
petition till the petitioner’s application for stay pending before
the Hon’ble Cooperative Tribunal at Ahmedabad in Misc. Application
No.74 of 2011 is heard.”
3. It
is clarified that Gujarat State Cooperative Tribunal, Ahmedabad will
decide the delay condonation application in accordance with law and
on its own merits after giving opportunity of hearing to all
concerned and without influenced by the order passed by this Court.
Gujarat State Cooperative Tribunal, Ahmedabad is directed to decide
delay condonation application within a period of 3(three) months from
the date of receipt of present order.
4. In
view of above, present Special Civil Application is disposed of.
[M.D.Shah,
J.]
satish
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