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2023 Supreme(Bom) 661

M. S. JAWALKAR
Regional Manager, Union Bank of India – Appellant
Versus
Punya Coal Road Lines, A proprietorship concern – Respondent


Advocates Appeared:
For the Applicants : Shri C.S. Kaptan, a/b Shri S.D. Ingole.
For the Respondents: Shri Anand Jaiswal, a/b Shri J.M. Gandhi.

JUDGMENT :

1. Heard.

2. Since the subject matter of both the Revision Applications are same, both are disposed of by common judgment.

3. Since the Civil Revision Application No. 05/2021 is treated as lead Revision Application, the facts and contentions of the said Revision Application are set out hereunder for proper adjudication of the issue involved in both the Revision Applications.

4. The present Revision Applications is filed by original Defendant - Union Bank of India being aggrieved by the order dated 11/11/2020 passed by the learned 10th Joint Civil Judge, Senior Division, Nagpur below Exhibit 23 in Special Civil Suit No.69/2020.

5. The brief facts for filing of present Revision Application are as under:-

The Applicant No.1 is the Regional Manager, original Defendant No. 1 and Applicant No. 2 is Assistant General Manager of Union Bank of India - Defendant No.2. The Respondents herein are the original Plaintiffs in the Special Civil Suit No.69/2020. It is submitted that Respondent No.1 is a proprietary concern of Respondent No.2. Respondent No.4 is a Company registered under the Companies Act. Respondent Nos. 2 and 3 are the Directors and Promoters of Respondent No.4. It is

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