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2021 Supreme(Guj) 877

BHARGAV D.KARIA
KASTURI COMMODITY PVT. LTD. – Appellant
Versus
CHIEF MANAGER, UNION BANK OF INDIA – Respondent


Advocates Appeared:
For The Appellant : MR C B UPADHYAYA, MR CZ SANKHLA

ORDER :

Heard learned advocate Mr.Kirtan H. Mistry for learned advocate Mr.C.B.Upadhyaya for the petitioners/applicants and learned advocate Mr.C.Z.Sankhla for the respondent No.1.

Order in Special Civil Application :

1. It was submitted by learned advocate Mr.Mistry that learned advocate Mr.C.B.Upadhyaya is in charge of the matter and he is not available to argue the matter and learned advocate Mr.Mistry refused to assist the Court and submitted that it is only learned advocate Mr.Upadhyaya who can assist the Court in the matter and therefore, this Court is left with no alternative but to proceed the matter on merits.

2. The facts of the case are peculiar which would be advent from the order passed by this Court on 15.10.2019 which reads as under :

    “1. In this petition under Article 226 of the Constitution of India, the main prayer of the petitioner reads as under:

“(B) To direct the respondent No.1 herein to grant permission to the petitioners to sell off the mortgaged properties through 100% cheque money, subject to the condition that the total amount received out of the sale proceeds of such properties shall be directed deposited in the bank and may further be pleased to quash and se

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