The Gandhidham Cooperative Bank ... vs Shree Reliance Associates Throu ...
2022 Latest Caselaw 4313 Guj

     C/SCA/19794/2018                                    ORDER DATED: 21/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 19794 of 2018

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        THE GANDHIDHAM COOPERATIVE BANK LIMITED
                         Versus
 SHREE RELIANCE ASSOCIATES THROU PROPIETOR SHRI GOVIND T
                         BALWA
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Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1
MR PRATIK Y JASANI(5325) for the Respondent(s) No. 6,7
NOTICE ISSUED BY PUBLICATION for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4,5
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                              Date : 21/04/2022

                                  ORAL ORDER

1. Heard learned advocate Mr.Bharat T. Rao for the petitioner and learned advocate Mr.Pratik Y. Jasani for the respondent Nos.6 and 7.

2. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order passed by the Gujarat State Co-operative Tribunal on 26th October, 2018 in the Appeal No.18 of 2018 filed by the respondent Nos.7 and 8 challenging the judgment and award dated 09.01.2018 passed by the Board of Nominees in Lavad Case No.3 of 2017.

3.1. At the outset, learned advocate Mr.Rao, under instructions, seeks permission to withdraw this with a liberty to the petitioner to file an

C/SCA/19794/2018 ORDER DATED: 21/04/2022

appropriate application to amend the plaint to place the relevant facts and documents on record before the Board of Nominees as the Tribunal has remanded matter back to the Board of Nominees.

3.2. Learned advocate Mr.Rao further submits that such application for amendment along with the relevant documents shall be filed by the petitioner within a period of four weeks from today before the Board of Nominees.

4. The Board of Nominees is directed to decide such application, if filed within a period of four weeks from today, at the earliest, preferably within a period of three months from the date of filing of such application after giving opportunity of hearing to the petitioner as well as the respondent Nos.7 and 8, as the respondent Nos.1 to 4 have chosen not to appear either before the Board of Nominees, Tribunal and this Court.

5. With the aforesaid direction, without entering into the merits of the matter, the petition is disposed of as withdrawn at this stage. Notice is discharged. Interim-relief stands vacated forthwith.

(BHARGAV D. KARIA, J) PALAK