AALAP TRADERS Vs. PRAGATI COOPERATIVE BANK LTD

JUDGEMENT

(1.) IT is submitted by learned advocate, Mr.Pankaj K.Soni, appearing on behalf of the petitioners that as advocate for the petitioners at Court below was posted as Judge, petitioners could not get opportunity to cross-examine the witness and therefore, the order passed by the Board of Nominees is illegal and perverse. IT is submitted by Mr.Soni that the respondent herein - bank has miserably failed to prove the factum of alleged second loan and Court below has not considered the same and committed legal error in allowing the suit. IT is submitted by learned advocate for the petitioners Mr.Soni that documents produced by Bank are not duly proved by legal course of law and so also, the trial Court has committed an error in relying upon these documents and by that, committed an error in decreeing the suit.

(2.) IT is submitted by learned advocate, Mr.Dipen Dave appearing on behalf of the respondent-Bank, original plaintiff that sufficient opportunity was given by the trial Court to lead the evidence but petitioners failed to do so and after considering the oral as well as documentary evidence on record, the learned Board of Nominees Court has passed the order, which is legal and not required to be interfered with. IT is further submitted that Tribunal has also, after perusing the records as well as after giving an opportunity of hearing to both the parties, rightly dismissed the appeal and hence, this special civil application is required to be dismissed. IT is also submitted that earlier petitioner No.2 has preferred appeal before the Tribunal and the appeal was dismissed and the said order was not challenged by the petitioner No.2. Petitioner No.2 has filed this special civil application which is not tenable.

(3.) IN view of the above, order passed by the Board of Nominees and judgment and order passed by the Tribunal are hereby confirmed as being legal and proper. Therefore, they are not interfered with. Accordingly, this special civil application is dismissed. Rule discharged. INterim relief, if any, stands vacated.