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2021 Supreme(Guj) 614

BHARGAV D.KARIA
MONA JIGNESH ACHARYA – Appellant
Versus
BANK OF INDIA – Respondent


Advocates Appeared:
For The Appellant : SHIVAM D PARIKH
For The Respondent: MR PRAKASH JANI, LD.SR.ADV. ASSISTED BY MR.SHIVANG P JANI

ORDER :

Heard learned Senior Advocate Mr.Prakash Jani assisted by learned advocate Mr.Shivang Jani for the petitioners. Learned Senior Advocate Mr.Prakash Jani has tendered a draft amendment. The same is allowed in terms of the draft. To be carried out forthwith.

1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs :

    “(a) YOUR LORDSHIPS may be pleased to call for the Forensic Audit Report dated 08.05.2017, Minutes of JLM meeting dated 21.01.2020 and other records and proceedings based on which account of M/s Vimal Oil and Foods Limited is declared as fraud and after going through the same, to quash and set aside the action of Respondent Bank of declaring the action of M/s Vimal Oil and Foods;

(b) YOUR LORDSHIPS may be pleased quash and set aside all the consequential actions taken by Respondent Bank against the Petitioner pursuant to classification of account of M/s Vimal Oil and Foods Limited as Fraud;

(c) Pending hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay implementation and operation of action of Respondent Bank of declaring account of M/s Vimal Oil and Foods Limited and all the conse

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