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2021 Supreme(Guj) 229

VINEET KOTHARI, BIREN VAISHNAV
PATEL HARILAL CHATURBHAI – Appellant
Versus
ADARSH CO-OPERATIVE BANK LTD – Respondent


Advocates Appeared:
For the Appellant :MR BS PATEL, SENIOR ADVOCATE WITH MR UMANG H OZA
For the Respondent: MR PRAVIN P PANCHAL, MR. ARCHIT P JANI

ORDER :

BIREN VAISHNAV, J.

1. Patel Haribhai Chaturbhai and Patel Ghanshyambhai Lavjibhai – present Appellants have approached this Court by way of the present Letters Patent Appeal challenging the oral judgement dated 28.06.2016 passed by the learned Single Judge in Special Civil Application No. 1497 of 2007. By the oral Judgement under challenge, the learned Single Judge dismissed the petition of the Appellants confirming the Order passed by the Gujarat State Cooperative Tribunal.

2. The Appellants were the original Petitioners who had challenged the order dated 04.10.2006 passed by the Gujarat State Cooperative Tribunal whereby the Judgement and Award dated 10.03.2003 passed by the Board of Nominees, Ahmedabad in Lavad Suit No. 1970 of 2002 has been confirmed. The learned Single Judge briefly recorded the chequered history of the case and for the benefit of the present Judgement, the facts as reproduced in para 2.1 of the judgement of the learned Single Judge reads as under:

    2.1 The respondent-Bank had advanced a loan of Rs.20,00,000/ to a firm named S.B.Traders (“the Borrower”, for short). It is the case of the petitioners that in respect of the said loan transaction, they consente

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