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2020 Supreme(Guj) 935

VIKRAM NATH, ASHUTOSH J.SHASTRI
Punjab National Bank – Appellant
Versus
Mithilanchal Industries Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. K.M. Parikh, Mr. Kuldeep K. Adesara.
For the Respondents: Mr. R.S. Sanjanwala, Mr. Sandip C. Bhatt.

JUDGMENT :

VIKRAM NATH, J.

1. We would like to begin by the saying that the biggest problem that confronts the judiciary today is, pendency of cases. The present matter before us, certainly adds to the problem and is a classic example of how such cases contribute to the judicial system getting over-burdened. What could have been done 3 years ago by issuance of a fresh notice by merely adding a few words to satisfy the requirement laid down by law, has been delayed unnecessarily and contested in a manner that has left us be wildered. This mindset of Governmental agencies/undertakings such as the appellant bank, a nationalised Bank before us, to engage in such frivolous, vexatious and impractical litigation demonstrates the gross indifference of the administration towards litigative diligence.

2. The present litigation initiated by the appellant Bank, right from the inception has resulted only in loss of the time of the various judicial forums that have been approached by the appellant Bank and is also a drain on the public exchequer. What perplexes us most, is that in such financ

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