Colour Merchant Co-operative Bank vs LALBHAI BHOGILAL DECEASED THRO HEIRS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
Colour Merchant Co-operative Bank – Appellant
Versus
LALBHAI BHOGILAL DECEASED THRO HEIRS – Respondent

Advocates:
For the Appellants/Petitioners: MR NV GANDHI
For the Respondents: MR PRAKASH K JANI, MR PS CHAMPANERI, MS SHRADDHA TRIVEDI

Table of Content
1. factual background of co-operative bank case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. observations on procedural errors and evidence management. (Para 13 , 14 , 15 , 16 , 20)
3. decisions on quashing awards and remanding hearings. (Para 18 , 36 , 42)
4. arguments regarding negligence in evidence assessment. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34)
5. final order to resolve cases afresh. (Para 44)

JUDGEMENT

1. All these petitions are filed by Colour Merchant Co-operative Bank challenging the order passed by the Gujarat State Co-operative Tribunal [‘Tribunal’ for short] in respective appeals quashing and setting aside the judgement and award passed by the Board of Nominees in Lavad Cases for recovery of the outstanding dues from the respondents.

2. Special Civil Application No. 3903 of 2008 is filed against the order dated 05.05.2008 passed by the Gujarat State Co-operative Tribunal in Appeal No. 261 of 2002 filed by the legal heirs of late Lalbhai Bhogilal Bhavsar against the judgement and award dated 31.12.2001 passed by the Board of Nominees at Ahmedabad in Lavad Case No. 1545 of 1995.

3. The petitioner-Bank is registered under

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HIGH COURT OF GUJARATBHARGAV D. KARIA, JColour Merchant Co-operative Bank – AppellantVersusLALBHAI BHOGILAL DECEASED THRO HEIRS – Respondent

HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
Colour Merchant Co-operative Bank – Appellant
Versus
LALBHAI BHOGILAL DECEASED THRO HEIRS – Respondent