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2023 Supreme(Guj) 403

A. J. DESAI, BIREN VAISHNAV
Janak Shantilal Patel – Appellant
Versus
Aditya Birla Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DEVANG NANAVATI, SENIOR COUNSEL ASSISTED BY MR ROHAN A SHAH
For the Respondent: MR JAL SOLI UNWALA, SENIOR COUNSEL ASSISTED BY MR BOMI H SETHNA, MR AMAR N BHATT

JUDGMENT :

A.J. DESAI, J.

1. The present appeal under Clause 15 of the Letters Patent has been filed by the appellants - original petitioners challenging the CAV judgment dated 30.9.2022 rendered by learned Single Judge in captioned writ petition by which learned Single Judge has refused to treat the present appellants as individual applicants and upheld the decision of the respondent No.1 Finance Company of refusing to grant benefits to the appellants provided under a Notification dated 14.7.2014 issued by the Reserve Bank of India by which foreclosure charges/prepayment penalties of term loan sanctioned to individual borrowers were ordered to be foregone.

2. The respondent No.1 - Finance Company had appeared on caveat through learned Senior Counsel Mr. Jal Soni Unwala assisted by learned advocate Mr. Bomi H. Sethna. Subsequent to issuance of notice, learned advocate Mr. Amar Bhatt has appeared for respondent No.2 - Reserve Bank of India.

3. Learned advocates appearing for the parties have agreed that the appeal may be heard finally and accordingly, the same is heard finally.

4. Th

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