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2022 Supreme(Guj) 1575

BHARGAV D. KARIA
Baroda Electro Engineering Products Private Limited – Appellant
Versus
Bank Of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PAVAN S GODIAWALA
For the Respondent: MS NALINI S LODHA

JUDGMENT :

1. Heard learned advocate Mr. Pavan S Godiawala for the petitioners and learned advocate Ms. Nalini S Lodha for the respondent.

2. Having regard to the controversy involved in this petition which is in a narrow compass, the petition is taken up for final hearing with the consent of the learned advocates for the respective parties today.

3. Rule returnable forthwith. Learned advocate Ms. Nalini S Lodha waives service of notice on behalf of respondent no.1.

4. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for a writ of prohibition to quash and set aside the entire recovery proceedings being RP No. 75 of 2011 and consequently thereof, the order dated 22.07.2022, passed by the Recovery Officer I- DRT- II, Ahmedabad.

5. The brief facts of the case are as under:

5.1 The petitioner no.1 is a company registered under the provisions of the Companies Act, 1956. The petitioner no.1 is engaged in business of manufacturing of transmission line hardware upto 800kV.

5.2 The erstwhile- Dena Bank who advanced financial assistance in the year 1995 and 2005 to the petitioner no.1- Company has merged with the respondent- Bank of Baroda in the

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