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2023 Supreme(Guj) 372

BHARGAV D. KARIA
Pavan Trilokchand Agarwal – Appellant
Versus
Bank Of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RITESH D PATADIA
For the Respondent: BHASKAR SHARMA, JUHI D CHAVDA

JUDGMENT :

1. Heard learned advocate Mr. Ritesh D. Patadia for the petitioners and learned advocate Mr. Bhaskar Sharma for respondent no.1.

2. Learned advocate for the petitioners have tendered draft amendment in each petition. The same is allowed in terms of the draft. Amendment to be carried out forthwith.

3. The existing directors have challenged the same impugned show cause notice as well as subsequent action of the respondent bank of declaring the petitioners as willful defaulters by preferring separate petitions. They have therefore, been heard together and would be disposed of by this common judgment.

4. Rule returnable forthwith. Learned advocate Mr. Bhaksar Sharma waives service of notice of rule on behalf of respondent bank in the respective petitions.

5. For the sake of convenience, facts are recorded from Special Civil Application No.13741/2021.

6. By this petition under Article 226 of the Constitution of India, the petitioners have challenged the impugned show cause notice dated 08.07.2020 and subsequent actions of the respondent bank in declaring the petitioners as will

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