Ajay Krushi Kendra Represented Through ... vs Shree Bhavnagar Nagrik Sahkari Bank Ltd
2025 Latest Caselaw 5498 Guj

Gujarat High Court

Ajay Krushi Kendra Represented Through ... vs Shree Bhavnagar Nagrik Sahkari Bank Ltd on 4 April, 2025

                                                                                                              NEUTRAL CITATION




                             C/CRA/155/2025                                    ORDER DATED: 04/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/CIVIL REVISION APPLICATION NO. 155 of 2025

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                          AJAY KRUSHI KENDRA REPRESENTED THROUGH RAVINDRABHAI
                                         VALLABHBHAI JHALAVADIYA
                                                  Versus
                                 SHREE BHAVNAGAR NAGRIK SAHKARI BANK LTD.
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                      Appearance:
                      MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1
                      MR RUTVIJ S OZA(5594) for the Opponent(s) No. 1
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                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                           Date : 04/04/2025

                                                             ORAL ORDER

1. The present Revision Application has been filed challenging the Judgment and Decree passed in Regular Civil Appeal No.4 of 2017 adjudicated by the 3rd Additional District Judge, Bhavnagar whereby the judgment and decree passed in Regular Civil Suit No.338 of 2006 has been confirmed by the First Appellate Court.

2. When the matter was heard at length and after substantial argument, with the consent of the learned advocates for the respective parties and one of the submissions raised by the learned advocate for the petitioner herein was that the Trial Court and the Appellate Court have not taken into consideration exhibit 48, i.e. a public notice published in the daily newspaper by the plaintiff Bank for auctioning the suit property as, as per the said notice the original plaintiff had given reference of the suit property to be placed in auction and the present petitioner herein had taken a ground that as during the pendency of the suit, the suit property

NEUTRAL CITATION

C/CRA/155/2025 ORDER DATED: 04/04/2025

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was placed in auction, the question of bonafide requirement would not arise.

3. Learned advocate for the respondent herein has also fairly stated that the Appellate Court has not dealt with the said document.

4. In view of the said fact, with the consent of the parties, the matter is remanded to the Trial Court to take into consideration the document exhibit 48 while deciding the Regular Civil Suit No.338 of 2006.

5. The present matter is remanded only for further arguments with respect to the contention raised by the petitioner herein with respect to exhibit 48 and the parties will not be entitled to lead any further oral evidence.

6. The Trial Court shall decide the same on its own merits without being influenced by any of the observations made in the present Revision Application. In view of the said fact, the present Civil Revision Application is remanded to the Trial Court to decide the Regular Civil Suit No.338 of 2006. None of the parties will lead oral evidence in Regular Civil Suit No.338 of 2006. The present Civil Revision Application is accordingly disposed of.

(SANJEEV J.THAKER,J) URIL RANA