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SCA/1121120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11211 of 2008
=========================================================
THE
ORIENTAL INSURANCE CO LTD - Petitioner(s)
Versus
GUJARAT
INDUSTRIAL CO OP BANK LTD - Respondent(s)
=========================================================
Appearance
:
MR
KASHYAP R JOSHI for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/09/2008
ORAL
ORDER
Learned
advocate Shri Kashyap Joshi for the petitioner submitted that the
petitioner Oriental Insurance Company Ltd is occupying a part of
the property which is sought to be sold by the respondent bank to
realize its dues from the original owner. He stated that the
petitioner was given possession of the said portion of the property
by way of lease since 1984 which lease is continued from time to
time and even today the lease persists. He relied on the decision of
this Court in case of Dena Bank v. Shri Sihor Nagarik Sahakari
Bank Limited & ors. reported in 2008(2)GLH 218 to contend
that the Civil Court has jurisdiction to entertain the suit of the
petitioner.
In
the said decision Dena Bank(supra),
however, two significant facts were that the petitioner had a
pre-existing tenancy prior to the property being mortgaged to the
loaner bank and that such tenancy was known to the bank while
releasing the loan. In the present case, it is not clear when the
respondent released the loan in favour of the original borrower
whether at that time part of the property taken in mortgage was
within the possession of the petitioner as tenant.
Notice
returnable on 7.10.2008.
Respondent
shall produce material with respect to above aspects of the matter.
Till
the returnable date, the possession of the petitioner shall not be
disturbed.
(Akil
Kureshi,J.)
(raghu)
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