Patel Vikrambhai Jagdishbhai vs Shri Co-Operative Bank Ltd.
2021 Latest Caselaw 1375 Guj

           C/SCA/829/2021                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 829 of 2021

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                      PATEL VIKRAMBHAI JAGDISHBHAI
                                  Versus
                       SHRI CO-OPERATIVE BANK LTD.
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Appearance:
RASHESH A PATEL(8802) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 29/01/2021

                                ORAL ORDER

Heard learned Advocate Mr. Rashesh A. Patel for the petitioner through video conference.

The Petitioner has filed this Petition under Article 227 of the Constitution of India praying to quash and set aside the impugned order dated 21.9.2019 passed below Exh. 65(A) by the learned 25th Additional Senior Civil Judge, Vadodara in Special Suit No. 190 of 2003 at Annexure-A and further prayed to quash and set aside the order dated 10.2.2012 for attachment of the subject property passed below Exh.58 by the learned 3rd Additional Civil Judge, Vadodara in Special Suit No. 190 of 2003 at Annexure-M (Collectively).

Learned Advocate for the Petitioner has submitted that the Petitioner has purchased the property from Ms. Rashmikaben Jayeshbhai Patel (Respondent No.9 herein). He has further submitted that in fact the loan was given by the Shri Co-operative Bank Ltd. (Respondent No.1 herein) on the basis of the allotment letter, which indicates that M/s Krishna Developers have dealt with Ms. Jyotsanaben Mansukhbhai Patel (Respondent No.5 herein). It is submitted that the said transaction in fact was cancelled and therefore on what basis the Bank transactions came into effect on the basis of allotment letter which is not

C/SCA/829/2021 ORDER

permissible under the law.

Further, learned Advocate Mr. Patel has placed reliance on the judgment of the Delhi High Court passed in First Appeal No. 13 of 2013 and C.N. No. 16029 of 2014 in the case of M/s Moneyline Crdit Ltd. v/s Sh. Sanjeev Kumar and Ors. (Condonation of Delay) dated 23.9.2014 and has also placed reliance on the judgment of the Punjab and Haryana High Court dated 6.3.2013 passed in E.S.A. No. 39/2010 (O&M) in the case of State Bank of Patiala v/s Jagdish Singh Khehar and Ors. Learned Advocate for the petitioner has also placed reliance on the judgment of the Hon'ble Supreme Court in the case of Syndicate Bank v/s Estate Officerf and Manger, A.P.I.I.C. Ltd. & Ors. Dated 30.8.2007 passed in Civil Appeal No. 7824-7828 and 7833-37 of 2004.

In view of the submissions made by the learned Advocate for the petitioner, the issue requires consideration.

Hence, Notice returnable on 10.3.2021.

(A. C. JOSHI,J) J.N.W