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2023 Supreme(Guj) 943

NIKHIL S. KARIEL
South Indian Modern Higher Secondary School – Appellant
Versus
Retail Asset Central Processing Centre (RACPC) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS JOLLY NISHIT SHAH
For the Respondent: MR. VN. SEVAK

ORDER :

1. Heard learned advocate Ms. Jolly N. Shah on behalf of the petitioner and learned advocate Mr. V.N.Sevak on behalf of the respondent no.1.

2. By way of this petition, the petitioner has sought for the following prayers:-

    “(a) Be pleased to admit this petition.

(b) Be pleased to issue writ of mandamus or any other appropriate writ in the interest of justice.

(c) Be pleased to give direction to the respondent bank to unseal said properties and to handover physical possession of the same even in conditional favour/ in favour of the applicant – tenant – Higher Secondary School in the interest of natural justice and be pleased to sufficiently heard it, in the interest of justice, as the applicant Higher Secondary School is willingly ready to pay the respondent bank an income of the fees collection from the students of the school after deducting salaries of the staff and expenses of the school and for that, whichever legal procedure has to follow, the applicant school is willingly ready to follow the same.

(d) Your Lordship may be pleased to grant such other and further relief as may be deemed fit in the interest of justice.”

3. At the outset, it is required to be noted that the peti

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