KANCHANBEN HARIBHAI THAKKAR Vs. MANGUBEN RATILAL THAKKAR SINCE DECEASED THROUGH HEIR SUDHABEN RATILAL THAKKAR

JUDGEMENT

(1.) Incessant and intertwined litigation is the story in the background of the impugned order.

(2.) The impugned order is common in all the three captioned petitions. Hence the petitions are cognate. What is challenged is order dated 24th June, 2015 passed by Revisional Authority-the Deputy Secretary (Appeals), Agricultural and Co-operation Department, in Revision Application No.135 of 2014 whereby the said authority allowed the Revision and cancelled the auction proceedings held by the Viramgam Mercantile Co-operative Bank Limited-the respondent No.2 in the first Special Civil Application No.13585 of 2015.

(3.) The history is a chequered one. One M/s.Laxmi Cotton Trading Company-a partnership firm, had taken loan of Rs.04.00 lakhs from Viramgam Mercantile Co-operative Bank Limited. The partnership firm consisted of partners-Shantilal L. Thakkar, Manguben Ratilal Thakkar and Kanchanben Haribhai Thakkar. A Lavad Suit for recovery of loan amount was filed by the Bank which was dismissed on 29th January, 1988 by the Board of Nominees. The appeal of the Bank before the Co-operative Tribunal came to be allowed on 02nd December, 2002, resultantly, a decree came to be passed against the firm and the partners. Special Civil Application No.1480 of 2003 and thereafter Letters Patent Appeal No.773 of 2008, as well as Special Leave Petition thereagainst came to be dismissed by this Court and the Apex Court respectively. Consequently the decree passed in Lavad Suit stood confirmed against the said firm and the said partners.