Gujarat High Court Case Information System
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SCA/5713/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5713 of
2010
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SHREE
BHARAT CO-OPERATIVE BANK LTD-THRO' ATULBHAI KANCHANLAL & 2 -
Petitioner(s)
Versus
VILASBEN
LALCHAND KOTHARI & 7 - Respondent(s)
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Appearance :
MR
KK PANDEY for Petitioner(s) : 1 - 3.
DR MAHESH THAKAR for
Respondent(s) : 1,
None for Respondent(s) : 2,
NOTICE SERVED BY
DS for Respondent(s) : 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 5,
8,
GOVERNMENT PLEADER for Respondent(s) : 3 - 4,6 - 7.
MR KG
SHETH for Respondent(s) :
5,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/07/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Petitioner
is directed to file a supplementary affidavit giving therein the
details as to in whose favour the money was released, including the
documents in support of such payment, pursuant to which the property
in question was mortgaged with the Bank. They should specifically
give the name and address of the borrower, the instrument by which it
has been paid or the account in which the amount was deposited and
the evidence in support of such deposit and the statement of account.
Post the the matter on 26.07.2010 in the 1st board within
five cases. Until further order, the Bank will not proceed with the
auction sale of the mortgaged property without prior permission of
the Court. The Suit proceedings shall also remain stayed pursuant to
the earlier order dated 06.05.2010.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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