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2021 Supreme(Guj) 99

VINEET KOTHARI, GITA GOPI
SMITABEN MAHIN MODI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR MAUNISH T PATHAK
For the Respondent: MR UTKARSH SHARMA AGP, MR DHARMESH V.SHAH

JUDGMENT :

VINEET KOTHARI, J.

1. The present batch of Letters Patent Appeals arise out of the order of the learned Single Judge dated 05.05.2015 dismissing the Special Civil Applications filed by the Borrowers / Guarantors of the respondent Natpur Cooperative Bank Ltd., in liquidation. The observation of learned Single Judge while dismissing the Writ Petitions, are quoted below for ready reference:

    “[14] Section 110 of the Act provides for powers to be exercised by the liquidator which include powers to institute and defend the suits and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office; to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims present or future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society; all questions in any way relating to or affecting the assets or the winding up of the society, on such terms as may be agreed and take any security for the discharge of any such call, liability, debt, or claim and give a complete discharg

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