K.M.THAKER
JUNAGADH DISTRICT CO-OPERATIVE BANK LTD THRO ITS CHAIRMAN – Appellant
Versus
State of Gujarat – Respondent
1. Heard Mr. B.B. Naik, learned Senior Counsel with Mr. Desai, learned advocate for the petitioner, Mr. Baiju Joshi, learned advocate for the respondent and Mr. Niraj Ashar, learned AGP.
1.1 At the time of hearing learned advocate for the petitioner as well as respondents jointly submitted that notice for final disposal is issued. Therefore the petition may be heard and decided finally today. However, formal order of Rule is hereby passed so that any technical difficulty or objection may not arise.
1.2 Mr. Ashar, learned AGP has waived service of notice of Rule for respondent no.1 and Mr. Joshi, learned advocate has waived service of notice of Rule for the respondent no.2. At the joint request and with consent of learned advocates for the parties, the matter is heard finally.
2. In present petition the petitioner has challenged the order dated 29.11.2012 passed by the respondent liquidator whereby the respondent liquidator has determined order of preference/priority for the purpose of payment to the creditors as part of liquidation process.
3. The relief prayed for by the petitioner reads thus:-
“6(B) The Hon'ble Court may be pleased to issue writ of mandamus or writ in the nat
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