A.J.DESAI, V.M.SAHAI
Suryakant Bhikhabhai Hakani – Appellant
Versus
Bombay Mercentile Co Op Bank Ltd – Respondent
( 1. ) BY way of this intra-court appeal under Clause-15 of the Letters Patent, the appellant original petitioner has challenged the Order dated 21.9.2010 passed by the learned Single Judge in Special Civil Application No.1137 of 2010 dismissing the petition by confirming the order passed by the Gujarat State Cooperative Tribunal in Misc. Application No.513 of 2006 whereby the Tribunal dismissed the said application of the appellant petitioner for condonation of delay in preferring the appeal challenging the judgment and order dated 18.03.1999 passed by the Board of Nominees in Arbitration Suit No.449 of 1992 wherein he was one of the defendants.
( 2. ) THE brief facts of the care are as under:
That the respondent No.1-Bombay Mercantile Cooperative Bank Limited filed an Arbitration Suit No.449 of 1992 before the Registrar, Board of Nominees, Ahmedabad, under Section-96 of the Gujarat Cooperative Societies Act, 1961, praying for a decree for recovery of an amount of Rs. 9,97,493.85ps with running interest at the rate of 20.75% from 1.3.1992 till realization in which the present appellant petitioner was defendant No.5. It was the case of the Bank that the original defendants N
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