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2019 Supreme(Guj) 1040

VIKRAM NATH, A.J.SHASTRI
State Bank Of India – Appellant
Versus
Radheshyam Spinning Mill Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr Biju A Nair
For the Respondent: Mr Ashok L Shah

JUDGMENT :

VIKRAM NATH, J.

The Commercial Branch of State Bank of India, Rajkot, has preferred this Letters Patent Appeal assailing the correctness of the judgment and order dated 26.11.2018 passed by the learned Single Judge in Special Civil Application No.13890 of 2017 whereby the said petition has been allowed and the Bank is directed to release the title deeds and also issue no dues certificate to the writ petitioners (respondents herein). The operative portion of the judgment as contained in paragraphs 59 and 60 thereof is reproduced below:

    “59. For the foregoing reasons, this writ-application is allowed. The respondent Bank is directed to release the title-deeds of the immovable properties of the writ-applicant nos.2 and 3 being Sub-Plot No.D/30.2, R.S. No.429, 432-434, 445 and 654p, Plot No.D/30p F.P. No.121p, T.P.S. 02 Sheet No.176 Indraprastha Nagar, Indraprastha Main Road, Rajkot and also issue no due certificate to the petitioners in the interest of justice.

60. The respondent Bank shall also take the necessary steps to release its charge from the record of the Registrar of Companies within a period of 30 days from the date of receipt of the writ of the order.”

2. M/s Radh

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