LAWS(GJH)-2008-2-332

JUNAGADH DISTT FOOPERATIVE BANK LTD Vs. MOHANBHAI MADANBHAI

Decided On February 13, 2008
Junagadh Distt Fooperative Bank Ltd Appellant
V/S
Mohanbhai Madanbhai Respondents

JUDGEMENT

(1.) THE petitioner has preferred the petition for challenging the order passed by the Tribunal in Appeal No.65/1993, whereby the order fastening liabilities is set aside against three persons namely; Mohanbhai Mandanbhai, Samaju Raghav and Samaju Bhikha.

(2.) HEARD Mr.Buch for Mr.Nanavati, learned Counsel for the petitioner and Mr.Shah, learned Counsel for the respondents No.1 and 4 and Ms.Patel, learned AGP for respondent No.7.

(3.) UPON hearing the learned Counsel appearing for the petitioner and the perusal of the order passed by the Tribunal shows that the Tribunal has allowed the appeal partly against the aforesaid three persons namely; Mohanbhai Mandanbhai, Samaju Raghav and Samaju Bhikha, mainly on the ground that there was no direct evidence for fastening the liabilities since the signature over the cheque was of Deva Odha, who was President of the Society.