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2021 Supreme(Guj) 1005

J.B.PARDIWALA, NIRAL R.MEHTA
MONA JIGNESH ACHARYA – Appellant
Versus
BANK OF INDIA – Respondent


Advocates Appeared:
For The Appellant : SHIVAM D PARIKH, SHIVANG P JANI
For The Respondent: KULDEEP K ADESARA, MR KM PARIKH

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in both the captioned appeals are interrelated and the parties are also the same, those were taken up for hearing analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Letters Patent Appeal No.1047 of 2021 is treated as the lead matter.

3. This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 20.07.2021 in the Special Civil Application No.9508 of 2020, by which, the learned Single Judge declined to entertain the writ application and rejected the same.

4. The facts in brief giving rise to the present appeal may be summarized as under;

    4.1 The appellant herein (original writ applicant) preferred the Special Civil Application No.9508 of 2021, seeking the 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 a

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