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1984 Supreme(Guj) 145

S.B.MAJMUDAR
PORBANDAR COMMERCIAL CO-OPERATIVE BANK LIMITED – Appellant
Versus
BHANJI LAVJI – Respondent


Advocates Appeared: G.N.DESAI, J.R.NANAVATI

S. B. MAJMUDAR, J.

( 1 ) IN these two petitions under Art. Z27 of the Constitution of India though styled as petitions under Art. 226 a common order of the Gujarat State Co-operative Tribunal exercising appellate jurisdiction under the provisions of Gujarat Co-operative Societies Act 1961 has been brought under challenge. By the said common order two appeals have been disposed of by the Tribunal. Consequently two writ petitions have been filed.

( 2 ) THE petitioner in both these petitions is the Porbandar Commercial Co-operative Bank Ltd. The said bank had advanced two different amounts under two separate loan transactions. to respondent No. 3 who is the common respondent. He is Mr. P. V. Simaria proprietor of Ashok Electrical Industries. He is the principal; debtor in both the proceedings. According to the patitioner Bank the said loans were advanced on the basis of the security furnished by respondents Nos. 1 and 2 which are two firms functioning at Porbandar and whose partners according to the petitioner-Bank guaranteed repayment of both these loan amounts by principal debtor respondent No. 3. As the loan amounts were not recovered from the principal debtor the petitioner-Bank fi














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