VIJAYA BANK Vs. KISHORE CHANDRA CHANDULAL PATEL

JUDGEMENT

(1.) Special Leave granted heard both the sides.

(2.) The view taken by the High Court in judgment under Appeal per N. H. Bhatt. J. in K. C. Patel v. Vijay Raghavan, Special Civil Application No. 1702 of 1984 is erroneous and unsustainable. We are of the opinion that the view taken by the High Court in Revision Application No. 1738 of 1979 per M. B. Shah, J., as per his judgment dated Jane 27, 1985 {Bank of Baroda v. Thakkar Chandulal Ishwarbhai, 1985 GLH 1204) is the correct view. The judgment under appeal is, therefore, set aside.

(3.) Civil Suit Nos. 117 of 1982 and 153 of 1983 pending in the trial Court will now proceed further from the stage where they were prior to the order of the High Court. Learned Counsel for the appellant states that the appellant has no objection to discuss the matter with a view to settle the dispute amicably as suggested by Counsel for respondent. It will be open to them to do so. Appeal allowed accordingly. No costs throughout.