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HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
PANCHMAHAL DISTRICT CO.OP. BANK LTD – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. loan agreement and borrower default. (Para 4) |
| 2. tribunal overruled previous decree due to lack of membership evidence. (Para 5) |
| 3. no personal liability without membership proof. (Para 6) |
| 4. the existence of evidence required for claims against individuals. (Para 7 , 8) |
| 5. tribunal's decision upheld; petition dismissed. (Para 9 , 10 , 11) |
JUDGEMENT
1. Heard learned advocate Mr. YJ Patel for the petitioner and learned AGP Mr. Krutik Parikh for the respondent no.1. and learned advocate Mr. Masoom Shah for respondent nos. 2,3.1,3.2,3.3,4 and 5. Though notice has been served none appeared on behalf of respondent no.6.
2. Having regard to the controversy involved in this petition in a narrow compass, the petition is taken up for final hearing with the consent of both the sides.
3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 26.02.2013, passed by the Gujarat State Co-operative Tribunal (for short ‘ the Tribunal’) below Exh. 18 in Appeal No. 109 of 2010, whereby Judgment and Award dated 10.12.2008, passed by the Board of Nominees, Godhra in Lavad Suit no.
269 of 2006 was set aside qua
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