SURESHKUMAR L THAKER Vs. VISNAGAR NAGRIK SAHAKARI BANK

JUDGEMENT

(1.) Mr.Shirish Joshi, learned counsel for the petitioners under the authority of Mr.Hasit Joshi, Mr.Chirag Patel learned counsel for the respondent No.1 under the authority of Mr.B.S. Patel, Mr.Pinakin Patel, learned counsel for the respondent No.2 under the authority of Mr.M.R. Bhatt, and Mr.L.R. Pujari, learned Assistant Government Pleader for the respondent No.4.

(2.) Present is a petition under Article 227 of the Constitution of India whereunder, the petitioners seek to challenge final order passed by the Lavad Court in Lavad Suit No.1415 of 1985 and order dtd.30/7/1991 passed by the Cooperative Tribunal in Appeal No.396 of 1990.

(3.) Short facts necessary for the disposal of the writ application are that the petitioner No.1 had obtained some loan from the respondent No.1 Bank and as he did not pay the said amount, the Bank had filed the above referred Lavad Suit. An application for attachment before judgment of the property was made, the present petitioner No.2 Amrutbhai Somabhai Patel stood guarantor for the petitioner No.1, therefore, the order of attachment was withdrawn.