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2019 Supreme(Guj) 459

BELA M.TRIVEDI
Vinod Jayrambhai Patel – Appellant
Versus
Gujarat Industrial Co-op. Bank Ltd. , Surat – Respondent


Advocates Appeared:
For the Petitioner: Baiju Joshi.
For the Respondents: J.B. Dastoor.

JUDGMENT :

BELA M. TRIVEDI, J.

Rule. Mr. J.B. Dastoor, learned Advocate waives service of Rule on behalf of respondent No.1.

2. The petitioner, by way of present petition, has challenged the order dated 19-8-2017 passed by the respondent No.3-Arbitrator, below Exh. 57 in Arbitration Petition No. 13 of 2010, and has further sought direction to permit the petitioner to cross-examine the witness of the respondent No.1-Bank.

3. As per the case of the petitioner, the respondent No. 1-Bank was initially registered under the Gujarat Co-operative Societies Act, 1961, and subsequently, under the Multi-state Co-operative Societies Act, 2002. The respondent No. 1 had filed an Arbitration Petition being No. 13 of 2010 against the borrower-the respondent No.2 for the recovery of the outstanding amount to the tune of Rs. 3.55 crores before the respondent No.3 appointed under Sec. 84(4) of the Multi-state Co-operative Societies Act, 2002. The petitioner being the Guarantor was also joined as the defendant No.2 in the said proceedings. The respondent No.1 on 1-7-2017 had submitted an affidavit in lieu of the examination-in-chief for its witness Sonal Priteshbhai Desai as per the provisions contained i









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