Vidya Co-Operative Bank Ltd vs Bhagyashree Girish Shegur And Ors

30-WP 7412-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7412 OF 2021

Vidya Co-operative Bank Ltd. .. Petitioner
Vs.
Bhagyashree Girish Shegur & Ors. .. Respondents

Mr. Shrivallabh Panchpor a/w. Mr. Shantanu Joshi for the Petitioner.
Mr. Surel S. Shah for the Respondents.

CORAM : BHARATI DANGRE, J.

DATE : 24° NOVEMBER, 2021.

ro 2G. :

1. A preliminary objection is raised about the maintainability of the writ petition by the respondent by relying upon a judgment in the case anon of Triloki Nath Singh Vs. Anirudh Singh, (2020) 6 SCC 629, which oe has chalked out the remedy available to the party who allege that the decree has been obtained by fraud.

2. Learned counsel for the petitioner on the contrary states that he would rely upon the decision of the Apex Court which takes a view to the contrary.

3. Let the decision be placed before the Court on 26.11.2021.

[BHARATI DANGRE, J.] 1/1