RASIKLAL FULCHAND Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) All these three petitions raise a common question of law as to the interpretation of clause (b) of sub-sec. (1) of sec. 3 of the Gujarat Public Moneys (Recovery of Dues) Act 1979 (hereinafter referred to as the Act). Therefore at the request of the Advocates of the parties all these petitions are heard together and disposed of by this common judgment.

(2.) The respondents-Banks in these petitions have filed suits against the petitioners and others for recovery of various amounts. The petitioners who were the defendants in the respective suits raised a contention that in view of the provisions of clause (b) of sub-sec. (1) of sec. 3 of the Act suits abated after the coming into force of the Act and the Civil Court had no jurisdiction to proceed with the same in view of the judgment of this Court (N.H. Bhatt J.) in-Special Civil Application No. 1702 of 1984 decided on 9-10-1985.

(3.) When Special Civil Application No. 5712 of 1985 came up for interim orders before A. P. Ravani J. he did not agree with the view expressed by N.H. Bhatt J and by his order dated 28 1985 directed the office to place the matter before the Honble the Chief Justice for being placed before a Division Bench.