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2024 Supreme(Guj) 209

SANGEETA K. VISHEN
Urvashi Impex A Proprietorship Concern – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aditya R Gundecha
For the Respondent: Ms Krushita Dave, AGP, Mr Dipen Desai

JUDGMENT :

With the consent of the learned Advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Captioned writ petition is by the petitioner, seeking to challenge the attachment notice no. T.T.C.B./Recovery/368/2023-34 dated 25.10.2023 (hereinafter referred to as "the attachment notice") issued by the respondent no. 2 Textile Traders Cooperative Bank Ltd. (hereinafter referred to as "the bank"). Petitioner, had availed of a cash credit facility of Rs.1,50,00,000/-. Apropos which registered equitable mortgage for securing the said cash credit facility was executed between the petitioner on one hand and the bank on other. According to the petitioner, owing to inflation, there was a default in paying the installment which, led to the issuance of the notice by the bank. The petitioner, had filed reply to the notice admitting the amount and expressing willingness to pay the remainder amount.

2.1. Since the same was not paid, summary suit no. 152 of 2018 came to be filed by the bank against the petitioner and respondent nos. 3 and 4 for recovery of the amount of Rs.1,50,00,000/- before the learned Board of Nominees which, came to be decreed against t

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