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2009 Supreme(Guj) 650

JAYANT PATEL
PRAFULCHANDRA V. PATEL – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates: A.S.VAKIL, K.M.PARIKH,

( 1 ) THE learned Counsel appearing for both the sides are heard for final disposal. Hence, Rule.

( 2 ) THE short facts of the case appear to be that the respondent Bank has filed O. A. No. 156 of 2001 against the petitioners and respondents Nos. 2 to 5 for recovery of the amount of Rs. 37,29,68,080. 84 with accrued interest and other consequential reliefs. It appears that in the said O. A. , simultaneously an application was submitted for interim injunction by the Bank, who was plaintiff therein for the relief, inter alia, to restrain the defendants therein, including the petitioners herein, including the transfer of the property, the appointment of the commissioner and it was also prayed to restrain the respondent Nos. 2 to 7, including the petitioners herein from leaving India without prior permission of the Hon'ble Tribunal and other consequential reliefs.

( 3 ) ON 23. 4. 2001. the Tribunal granted interim injunction with respect to the mortgaged immovable properties and hypothecated assets, however, did not grant any ex parte interim injunction for restraining, the defendants Nos. 2 to 7 therein from leaving india, etc. The matter remained therein for about six years and more






































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