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2021 Supreme(Guj) 197

VIPUL M.PANCHOLI
ANANTKOTI FABRICS A PARTNERSHIP FIRM THROUGH ITS PARTNER ARUN KHANNA – Appellant
Versus
BANK OF BARODA – Respondent


Advocates Appeared:
For the Petitioner: MR HARSHIT S TOLIA
For the Respondent: BHASKAR SHARMA, JUHI D CHAVDA

JUDGMENT :

1. Rule. Learned advocate, Mr. Bhaskar Sharma waives service of notice of Rule for respondent – bank.

2. In both these petitions, the issue involved is similar and, therefore, learned advocates appearing for the parties have jointly requested that both these petitions be heard together and be disposed of at an admission stage and, hence, both these petitions are disposed of by this common judgment.

3. Both these petitions are filed under Article 226 of the Constitution of India, in which, the petitioners have prayed that the direction be given to the respondent – bank to defreeze the current account and cash credit account of the concerned petitioner firm and issue “No Objection Certificate” in pursuance to the concerned term loan account as well as cash credit account of the concerned petitioner – firm and to return all the documents of the properties of the concerned petitioner.

4. Heard learned advocate, Mr. H.S. Tolia for the petitioner and learned advocate, Mr. Bhaskar Sharma appearing for the respondent – bank.

5. For the sake of convenience, the facts of Special Civil Application No.14525/2020 are considered, which are as under,

    5.1 It is stated that the petitioner is a

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