LALJIBHAI BECHARBHAI PATEL Vs. S M MAKWANA

JUDGEMENT

(1.) PURSUANT to order dated 18.11.2010, whereby this Court directed the Assistant Government Pleader to call for the record pertaining to the matter and the Chairman of Guntu Seva Sahkari Mandali Limited, Village Guntu, Taluka Morbi, District Rajkot was directed to remain personally present before this Court with necessary record pertaining to this case at 11.00 AM., Mr. Vasantlal Kanjibhai Patel, the Secretary and Mr. Kaila Parshottambhai Aucharbhai, the President of Guntu Seva Sahkari Mandali Limited are present before the Court and tenders a certificate under their signatures. Their identity was ascertained from their driving licences which they made available for perusal.

(2.) THE certificate is to the effect that, "there is no amount due from Patel Amarsibhai Nagjibhai, resident of Guntu on land bearing Survey Nos.610,438 and 406". In light of this certificate, along with which a copy of the 'account' of said Shri Amarsibhai Nagjibhai, and a copy of ledger (Loan) is produced, the recovery certificate issued by Guntu Seva Sahkari Mandali Limited does not survive. Once the recovery certificate does not survive, sale proclamation, a copy of which is produced at Annexure-'B' to the petition, also does not survive. THE same are hereby quashed and set aside. Rule is made absolute to the aforesaid extent.