Kishorkumar Dayalal Doshi vs The Maharashtra State Co-Op. Bank ...
2021 Latest Caselaw 15236 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR

                                        Second Appeal No.106/2020
    Kishorkumar Dayalal Doshi Vs. The Maharashtra State Co-operative Bank Ltd. Through its
                                      Executive & Anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri S.Y. Deopujari, Advocate for the Appellant.
                 Shri Apurv De, Advocate for the Respondents.

                 CORAM : S.M. MODAK, J.

DATE : 25th OCTOBER, 2021.

Learned Advocate Shri Apurv De for the respondents seeks time to go through the record and take instructions. Though the cause list says that he has not filed power, he says that he has filed power. The Office to verify about the same.

02] The impugned judgment is delivered on 28 th August, 2019 by the first Appellate Court. My attention is brought to the judgment delivered by this Court on 22nd October, 2018 in two Second Appeal Nos.477/2018 and 452/2018. By the said judgment, the first Appellate Court was directed to decide the appeal afresh in the light of the observations made therein.

03] There is a grievance that the first Appellate Court while passing the impugned judgment has not considered those observations. Learned Advocate for the appellant even submitted that the matter can be heard finally at the admission stage itself. The record and proceedings is required.

                 04]               Hence, call for record and proceedings from the first



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Appellate Court as well as from the trial Court. Once the record and proceedings is received, the request for hearing this matter finally will be considered.

05] Hence, the matter be kept on 29th November, 2021.

JUDGE

vijay