MADAN B.LOKUR, DEEPAK GUPTA
Greater Bombay Co-operative Bank Limited – Appellant
Versus
Nagraj Ganeshmal Jain – Respondent
JUDGMENT
Deepak Gupta, J.
Leave granted.
2. These appeals are directed against the Judgment dated 02.04.2014 passed by the Bombay High Court in Writ Petition No. 195 of 2014, whereby the writ petition filed by the Petitioner-appellant, (hereinafter referred to as “the Bank”) was dismissed and the attachment order dated 14.12.2001, relating to flat No. 12, 5th Floor, New Shrinath Kunj, CHS Ltd, Vile Parle (West), Mumbai, 400056 was set aside and a further direction was given to enrol the respondent No.1 as member of the New Shrinath Housing Co-operative Society (hereinafter referred to as “the Society”).
3. The undisputed facts are that the flat in question was owned by Shri Dhillon P. Shah. Mr. Shah and his wife Smt. Shivangi Shah were Directors of a Company known as M/s. Mahaganesh Texpro Private Limited. The Bank granted a cash credit facility of Rs. 2.25 crores to the Company. The Directors including Shri Dillon P. Shah and Smt. Shivangi P. Shah stood guarantee for the repayment of the cash credit facilities.
4. The Company did not repay the amount due to the Bank and finally on 30.08.2001 recovery certificate for an amount of Rs. 2,98,94,363/-along with interest was issued by t
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