JAYRAJ BUILDERS Vs. CHAROTAR NAGRIK SAHAKARI BANK LTD

JUDGEMENT

(1.) As common questions of fact and law are involved in both the above captioned appeals, the same are heard together and are being disposed of by this common judgment and order.

(2.) These appeals arise from a common judgment and order dated 21.01.2010 passed by the learned Single Judge in Special Civil Application No.1300 of 2004 with Special Civil Application No.1301 of 2004 whereby, the learned Single Judge quashed and set aside the order passed by the learned Board of Nominees and the order passed by the Tribunal confirming the order passed by the learned Board of Nominees including the modification made by the Tribunal in the order passed by the learned Board of Nominees and further restoring the Lavad Suits preferred by the appellants herein to the Board of Nominees. The learned Single Judge also directed the learned Board of Nominees to re-examine the matter in light of the observations made by the learned Single Judge in his judgment and order dated 21.01.2010 and directed the Board of Nominees to decide such suits after giving opportunity of hearing to both the sides.

(3.) Facts relevant for the purpose of deciding the appeals can be summarised as under:-