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2023 Supreme(Guj) 766

NIKHIL S. KARIEL
Suresh Chhajuram Singal – Appellant
Versus
Bank of Maharastra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Bhadresh Raju, Dhanesh R. Patel.
For the Respondents: Amar N. Bhatt, Bhargav Hasurkar.

JUDGMENT :

NIKHIL S. KARIEL, J.

1. Heard learned Advocate Mr. Bhadresh S. Raju for and on behalf of Mr. Dhanesh R. Patel, learned Advocate for the petitioners; Mr. Bhargav Hasurkar, learned Advocate for and on behalf of the respondent No. 1 and Mr. Amar N.Bhatt, Learned Advocate for and on behalf of the respondent No. 2.

2. By way of this petition, the petitioners have sought for the following prayers:

    (A) Your Lordships be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, quashing and setting aside the impugned action of respondent No. 1-Bank in declaring the petitioners accounts as fraud and reporting it to respondent No. 2 as fraud account as being illegal, arbitrary, suffering from vices of mala-fides, in breach of principles of natural justice and also violative of Art.14 and 19(1)(g) of the Constitution of India.

(B) Your Lordships be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, quashing and setting aside the impugned circular dated 1.7.2016 issued by the respondent No. 2 as being unconstitutional, violative of Art.14 and 19(1)(g) of the Constitution of India, in breach of principles of natural justic

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