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2013 Supreme(Bom) 1766

RAVINDRA V.GHUGE
Dilipkumar Hirachand Jain – Appellant
Versus
Dena Bank – Respondent


Advocate Appeared:
For the Petitioner:P.N. Kutti, Advocate.
For the Respondent:R1 & R2, S.V. Adwant, R3, J.R. Shah, R4 to R6, S.S. Bora, Advocates.

JUDGMENT


1. Heard learned counsel for the respective parties.

2. Rule. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal.

3. The petitioner, vide this petition, has impugned order dated 2.8.2007 passed by the learned II Joint Civil Judge (Senior Division), Jalgaon in Special Darkhast No.105 of 2007 below Exhibit 7. Vide the said order, learned lower Court has issued an attachment warrant under Order XXI Rule 54 of the Code of Civil Procedure (for the sake of brevity, hereinafter, referred to as "the Code").

4. The petitioner has narrated the facts, which, in brief, are as follows:-

The petitioner was original plaintiff No.2 in Special Civil Suit No.332 of 1996. The subject matter of the said suit was a claim for compensation on the ground that the defendants therein had defamed the petitioner by publishing a defamatory notice in daily news paper "Lokmat". Damages to the tune of Rs. Ten Crores were claimed before the learned Civil Judge (Senior Division), Jalgaon. Defendant No.1 therein is the Dena Bank, which had got said notice published in Daily Lokmat on 7.3.1996, in relation to non-payment of loan amount. The plea of the original plai






































































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