Visnagar Nagrik Sahkari Bank Ltd ... vs Vijayaben Revandas Suthar
2021 Latest Caselaw 17180 Guj

     C/AO/131/2021                             ORDER DATED: 15/11/2021



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/APPEAL FROM ORDER NO. 131 of 2021
                                With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                  In
             R/APPEAL FROM ORDER NO. 131 of 2021
=====================================================
     VISNAGAR NAGRIK SAHKARI BANK LTD IN LIQUIDATION
 THROUGH OFFICER AUTHORISED PRAKASH CHANDULAL TRIVED
                               Versus
                 VIJAYABEN REVANDAS SUTHAR
=====================================================
Appearance:
MR. SUNIT SHAH, THE LEARNED SENIOR COUNSEL ASSISTED BY
MR NV GANDHI(1693) for the Appellant(s) No. 1
 for the Respondent(s) No. 1,2,3,4
=====================================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 15/11/2021

                            ORAL ORDER

Heard Mr. Sunit Shah, the learned Senior Counsel assisted by Mr. N.V. Gandhi, the learned counsel appearing for the appellants- applicants.

ORDER IN APPEAL FROM ORDER:

Issue Notice returnable on 06.12.2021.

Direct service is permitted.

C/AO/131/2021 ORDER DATED: 15/11/2021

ORDER IN CIVIL APPLICATION:

1. It is submitted by Mr. Sunit Shah, the learned Senior Counsel that the suit property being Tenement No. 11 of Takshashila Park Society, situated in the sim of Mouje/Village: Naroda, Ahmedabad of T.P. Scheme No. 1, F.P. No. 23 (for short the 'suit premises'), was mortgaged in favour of the bank in relation to the loan obtained by M/s. New Illora Timber Mart- respondent no.3 herein. The respondent no.3 had defaulted in repayment of loan obtained from the appellant - bank. Under such circumstances, the appellant-bank instituted the Lavad Suit No. 743 of 2002 and the award came to be passed on 11.04.2002 for a sum of Rs.1,38,25,637/- with interest, whereby, the mortgagor i.e. the respondent no.3 was injuncted from transferring the suit premises in any manner till the awarded amount was recovered by the appellant bank. The said award dated 11.04.2002 attained finality. Pursuant to the said order, the bank initiated the recovery proceedings and since the borrowers were absconding, the appellant

- bank had issued demand notice duly published in Gujarati daily newspaper 'Divya Bhaskar', and has called upon the judgment- debtor to repay the said awarded amount with interest, failing which it was sought to be recovered from the suit property. No objection came to be received against the said public notice. In the meantime, the appellant-bank went into liquidation and the Official Liquidator took charge of the appellant-bank.

2. It is the case of the appellant-bank that the respondent no.3 transferred the suit property in favour of the plaintiff. The

C/AO/131/2021 ORDER DATED: 15/11/2021

plaintiff then instituted Civil Suit No. 616 of 2019 against the appellant-bank seeking decree of declaration and permanent injunction. The appellant- bank is apprehending that the plaintiff may change hands once again with regard to the suit property.

3. In view of above submissions made by the learned Senior Counsel appearing for the appellant-bank, it is directed that the original plaintiff (respondent no.1 herein) shall not create any third party rights with regard to the nature, character, possession and structure of the suit property till the next date of haring.

4. Issue Notice returnable on 06.12.2021.

5. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) Pradhyuman