Mittal Navratnamal Ratanlal vs The Kalupur Commercial Coop. Bank ...
2023 Latest Caselaw 3579 Guj

      C/SCA/21791/2019                                       ORDER DATED: 28/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 21791 of 2019

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                    MITTAL NAVRATNAMAL RATANLAL
                               Versus
             THE KALUPUR COMMERCIAL COOP. BANK LIMITED
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Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1
MR .B A PATEL(5281) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 28/04/2023

                                   ORAL ORDER

1. This petition is filed with the following

prayers:

"8(a) To admit and allow this petition;

(b) To quash and set aside the impugned judgment dated 24-9-2019 passed by the Court of Additional Principal Senior Civil Judge, below Exhibit-27 in Civil Misc.Application No.776 of 2009 at Annexure-A.; and direct the respondent no.1 bank not to deal with the property of the petitioner as mentioned in the Arbitration Award;

(c) Pending admission, hearing and final disposal of this petition, be pleased to stay the implementation, operation and effect of the order dated 24-9-2019 passed by the Court of Additional Principal Senior Civil Judge, below Exhibit-27

C/SCA/21791/2019 ORDER DATED: 28/04/2023

in Civil Misc. Application No.776 of 2009 and direct the respondent no.1 bank not to deal with the property of the petitioner as mentioned in the Arbitration Award;

(d) xxxx"

2. This petition is filed in the year 2019 and the

impugned order is also of the year 2019. This petition

was adjourned from time to time since then and no

notice is still issued in this matter.

3. Considering the above aspect and considering

the material available on the record and the impugned

application which is essentially preferred under Section

34 of the Arbitration Act and in view of the findings

recorded in the impugned order, the learned Court has rightly held that the applicant has miserably failed to

point out any ground enumerated under Section 34 of

the Arbitration and Conciliation Act and this Court finds

that there is no infirmity or perversity or illegality in

the impugned order which requires interference of this

Court.

4. At this stage, it is required to refer to the

judgment of the Apex Court in the case of Garment

C/SCA/21791/2019 ORDER DATED: 28/04/2023

Craft V/s Prakash Chand Goel reported in (2022) 4 SCC 181, more particularly, paragraph nos.15 to 17 therein,

where it was held that High Courts while exercising

powers under Article 227 does not act as appellate

authority and cannot reappreciate evidence and the

jurisdiction exercised under Article 227 is in nature of

correctional jurisdiction to set aside grave dereliction of

duty or flagrant abuse of process of law and High Court

cannot substitute its own view on merits.

5. In view of the above discussion, this petition is

dismissed.

(SANDEEP N. BHATT,J) SRILATHA