JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. The woes of a decree holder begin after obtaining a decree. It is in execution that a decree holder is confronted with an unimaginably large number of obstacles. With the facts as unfolded in the course of the judgment, we are reinforced in our belief that there is substance in this complaint.

3. The appellant-Bank granted a financial facility to a firm (M/s. Vimal Traders, Partnership Firm). There were three partners, namely, Ravindra Balkrushna Patel and Nikhil Balkrushna Patel who are brothers and the third person was Shri Gautam Vishnuprasad Tripathi. Since the amount was not repaid, a Lavad Suit No. 2265/1984 came to be filed by the appellant-bank before the Board of Nominees under The Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as ‘the Act’). The adjudicatory body passed an order on 23.09.1988. The operative portion of the order reads as follows:

“The defendants to make payment of Rs. 2,61,314.34 ps. with 20.5% interest p.a. from the date of suit till realisation and cost of the suit to the plaintiff latest by 31.03.1989. The garnish order passed below Exh.6 is made absolute and the plaintiff is at liberty to e