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2018 Supreme(HP) 2110

SANDEEP SHARMA
Roshan Lal – Appellant
Versus
Himachal Pradesh State Co-operative Bank Limited – Respondent


Advocates Appeared:
J.L. Bhardwaj, Adv., Sushant Vir Singh, Adv.

JUDGMENT

Sandeep Sharma, J. - Instant petition filed under Article 227 of the Constitution of India, is directed against the judgment dated 23.10.2018, passed by learned District Judge, Shimla, District Shimla, H.P.,in CMA No.30-S/14 of 2018, titled as Roshan Lal Sharma versus Himachal Pradesh State Co-operative Bank Limited, affirming the order dated 7.9.2018, passed by learned Civil Judge, Court No.5, Shimla, District Shimla,HP,in CMA No.221-6 of 2018 in Civil Suit No.116-1 of 2018, whereby an application under Order 39 Rule 1 and 2 CPC having been filed by the petitioner (hereinafter referred to as the plaintif), praying therein for stay of termination order dated 10.8.2018, passed by the respondent ( hereinafter referred to as the defendant- bank) during the pendency of the suit, came to be dismissed.

2. Briefly stated facts, as emerge from the record are that the plaintiff filed a civil suit (Annexure P-1) for declaration to the effect that termination order dated 10.8.2018, passed by the defendant-bank in Ref. No.StCB/ HO/Estt.Pers-1852/5528/2018-19, is bad, illegal, wrong, void ab-initio and without jurisdiction. Alongwith the aforesaid suit, plaintiff also filed an applicati

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