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LPA/170/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 170 of 2010
In
SPECIAL
CIVIL APPLICATION No. 24477 of
2007
=================================================
POST
MASTER - Appellant(s)
Versus
THE
MERCANTILE CO-OPERATIVE BANK LTD. - Respondent(s)
=================================================
Appearance
:
MR
DIVYESH SEJPAL for Appellant(s) : 1,MR HRIDAY BUCH for Appellant(s) :
1,
MR MA KHARADI for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 23/09/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
writ petition has been preferred by the respondent-The Mercantile
Co-operative Bank Limited (hereinafter referred to as `the Bank’) for
directions on the appellant-respondent to renew the National Savings
Certificate (Annexure A) colly. from the date of maturity i.e.
16.10.1992. During the pendency of the writ petition, interim order
dated 09.07.2008 passed by the learned Single Judge directing the
respondents to renew the National Savings Certificate, which was the
subject matter of the writ petition, from the date of which it became
due and that with an order to continue to renew at the interval of
every six years from time to time. The interim order being almost
final in nature, the present appeal has been preferred.
2 Learned
counsel appearing on behalf of the appellant submits that there is no
provision for renewal of National Savings Certificate. On maturity a
person can encash the amount and reinvest the same for another six
years by purchasing National Savings Certificate.
3 Learned
counsel appearing on behalf of the respondent while tried to
highlight the merit, but would submit that the Bank is ready to
encash the amount.
3 From
the impugned order dated 09.07.2008 passed by the learned Single
Judge, we find that the interim order practically amounts to final
relief as sought for in the writ petition. Therefore, this Court
has already stayed the said order. In the facts and circumstances,
instead of deciding the question involved in the case, we are of the
opinion that the writ petition should be heard on merit without any
interim. For the reasons aforesaid, we set aside the order dated
09.07.2008 in Special Civil Application No.24477 of 2007 and remit
the case to learned Single Judge for decision on merit along with
Civil Revision Application No. 879 of 1986, allow the respondent Bank
to encash the National Savings Certificates, if they so choose. The
writ petition be listed on 21.10.2010. The Letters Patent Appeal
stands disposed of with aforesaid observations. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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