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2018 Supreme(Guj) 930

J.B.PARDIWALA
Bank of India – Appellant
Versus
H. C. Raval- Special Recovery Officer or His Successor In – Respondent


Advocates Appeared:
B.J. Trivedi, Adv., J.T. Trivedi, Adv., Jignasa B Trivedi, Adv., Bomi H Sethna, Adv.

JUDGMENT

J.B. Pardiwala, J.

This First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'the C.P.C.') is at the instance of the original plaintiff and is directed against the judgment and decree dated 4th February 2013 passed by the City Civil Judge, Court No.10, City Civil Court, Ahmedabad, below Exhibit : 72 in Civil Suit (CCC) No.6263 of 1993.

2. The appellant herein is the 'original plaintiff'. The respondents herein are the 'original defendants'. The plaintiff instituted the Civil Suit No.6263 of 1993 and prayed for the following reliefs:

"(a) The Hon. Court be pleased to declare that the recovery certificate No.AS/N/Lavad-01/G-4-209 dated 13-4-1993 issued by the Registrar, Board of Nominees is null and void and not binding to the plaintiff bank.

(b) The Hon. Court be please to issue permanent order of injunction restraining the Special Recovery Officer, Abhyuday Co-operative Bank Limited (defendant No.1 herein) and the said Abhyuday Co-operative Bank Limited (defendant No.2 herein), their agents, servants, officers and authorised persons from conducting



























































































































































































































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