BARODA CENTRAL CO OPERATIVE BANK LTD Vs. SADHALI GROUP CO OPERATIVE COTTON SALE GINNING AND PRESSING SOCIETY LTD

JUDGEMENT

(1.) Rule. Mr. Baiju Joshi, learned Advocate, appears on behalf of the respondent and waives notice of Rule. With the consent of the parties, the matter is taken up for final hearing.

(2.) Short facts of the case are that the petitioner-bank advanced a loan to the respondent-society and the bank had to recover the amount from the respondent. The respondent filed Lavad Case No. 593 of 1995 before the Board of Nominee, Vadodara for permanent injunction against the alleged mismanagement by the agent of the petitioner-bank. In the proceedings of the Lavad Suit, which was for injunction, an application-Exh. 53 came to be filed and a purshis was submitted for granting installments for 20 years.

(3.) The petitoner-bank preferred Revision Application No. 124 of 1997 before the Gujarat State Co-operative Tribunal and the Tribunal dismissed the revision application for default. The petitioner preferred Restoration Application No. 28 of 1999 before the Tribunal contending, inter alia, that since on the date of the matter, it was not recorded in the diary of the learned Advocate of the applicant, he could not remain present before the Tribunal and, therefore, the revision application has been dismissed. It was submitted that there was a genuine reason and the petitioners were prevented by sufficient reason for not remaining present at the time when the revision application was taken up for hearing, and hence, it was requested to recall the order and to restore the revision application on file. The Tribunal after hearing both the sides passed the order dated 10th April, 2000 whereby the restoration application is dismissed and it is that order which is under challenge before this Court.