MAHESHKUMAR JIVANLAL SHAH Vs. RAJENDRABHAI JOSHI THE MANAGER

JUDGEMENT

(1.) ONE Mr.Maheshkumar Jivanlal Shah is before this Court praying that:-

(2.) LEARNED Advocate for the petitioner submitted that it is not in dispute that the present petitioner has not signed any letter of guarantee for the transaction between the Bank and accused No.5­Champaklal Jagjivandas Shah. It is also not in dispute that letter of guarantee was signed by the Late father of the present petitioner, viz. Jivanlal Shah.

(3.) AT this juncture, learned Advocate Ms.Mohini Bhavsar for learned Advocate Mr.Bharat Jani for the petitioner placed on record a xerox copy of a certificate issued by the Bank ­ Borsad Nagrik Sahakari Bank Ltd., wherein it is stated that Shah Champaklal Jagjivandas has paid his amount to the Bank, which could be an additional factor why the Bank should not prosecute the present complaint /case against the present petitioner.