MCA/1938/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR MODIFICATION OF ORDER No. 1938 of 2008 In SPECIAL CIVIL APPLICATION No. 7639 of 2008 ========================================================= UMANG JASHVANTLAL THAKKAR - Applicant(s) Versus UNION BANK OF INDIA & 1 - Opponent(s) ========================================================= Appearance : MR PREMAL R JOSHI for Applicant(s) : 1, NOTICE SERVED BY DS for Opponent(s) : 1, MR VIRENDRA M GOHIL for Opponent(s) : 1, MR BJ TRIVEDI for Opponent(s) : 2, MR JT TRIVEDI for Opponent(s) : 2, MS JIGNASA B TRIVEDI for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 30/07/2008 ORAL ORDER
It
appears that the present application is for implementation of the
order dated 16.5.2008, and/or clarification thereof on the ground
that the belonging of the petitioner are not permitted to be taken
over by the bank.
Upon
hearing learned Counsel for both the sides, it appears that it is
the case of the respondent that prior to the receipt of the order,
as the other bank namely Bank of India had intimated that the
property is hypothecated, the possession of the same is handed over.
Under
these circumstances, whether the action of the Union Bank of India
of handing over of the possession or that of Bank of India of taking
over of the possession was in accordance with law or not, cannot be
decided in the proceedings of present Misc. Civil Application. If
the petitioner is aggrieved by such action, the petitioner may
resort to independent proceedings as permissible in law.
Hence
in view of the aforesaid observations the present application is
further not entertained and disposed of accordingly. It is clarified
that if the independent proceedings are resorted, the rights and
contentions of both the sides shall remain open.
(JAYANT PATEL, J.)
Suresh*