DAHYALAL S PATEL Vs. SUPRABHAT COOP BANK LTD

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying that, "to quash and set aside the orders of both the lower courts, the judgement and the decree of the Lavad Case No. 1591/82 decided on 12. 12. 88 by the Board of Nominees Court, Ahmedabad and the order under Appeal no. 10 of 1989 dated 21. 9. 89 by the Cooperative Tribunal of the State of Gujarat which are at Annexures 'a' and 'b'. "

(2.) LAVAD Case No. 1591 of 1982 was filed by Suprabhat Cooperative Bank Limited against a partnership firm, which was joined as defendant no. 1 and defendants no. 2 to 11 were its partners. The Board of Nominees was pleased to decide that suit by judgement and order dated 12. 12. 1988, whereby defendant no. 3 was ordered to pay an amount of Rs. 27,027-85 with interest at the rate of 18% from 01. 01. 1982, whereas the suit was dismissed against defendants no. 8 and 11. The present petitioner had filed an appeal before the Gujarat State Cooperative Tribunal being Appeal No. 10 of 1989 against Suprabhat Cooperative Bank Limited and eight other persons including 'hiralal and Co. ', a partnership firm. The said appeal was dismissed by judgement and order dated 21. 09. 1989. It is these two orders, which are under challenge.

(3.) THIS petition was filed by Shri G. K. Upadhyay, who was, later on, appointed as Extra Assistant Judge. The petition was admitted by order dated 06. 08. 1991. The order reads as under: