LIQUIDATOR APP0INTED Vs. SHANTABEN NANJIBHAI MISTRY

JUDGEMENT

(1.) THIS petition, under Article 227 of the Constitution of India, was heard at length yesterday i. e. 9th November, 2009 and at the end of the day was part-heard. Today, in the forenoon after the admission Boards were over learned Advocate for the respondent prayed for time by making a request that the matter may be passed over and kept in the second session after recess as the clerk of the learned Advocate for the respondent had not brought the file to the Court room. Accordingly the request was granted. After the entire final hearing board was called out once learned Advocate for respondent has not turned up to continue his submissions when the matter has been called out once again. Hence the Court has proceeded to dictate the judgment, considering the fact that the petition is of 1999.

(2.) THE petitioner, a co-operative Bank has preferred this petition challenging the order dated 22/05/1995 made by the Board of Nominees rejecting the suit filed by the petitioner Bank, and the subsequent orders made by Gujarat State Co-operative Tribunal (the Tribunal) in Appeal No. 191 of 1995 on 30/08/1997 and in Review Application No. 10 of 1997 on 04/08/1999 confirming the order made by Board of Nominees in the backdrop of following facts and circumstances of the case.

(3.) IT is the case of the petitioner that on 09/02/1983 a sum of Rs. 5,000/- was advanced as a loan to one concern known as Padmavati Chaniya Center as per terms of contract between the parties. One Shri Nanjibhai Dungarbhai Mistri (since deceased) stood surety for the said loan. On 10/06/1984 a notice was issued by the petitioner to deceased Nanjibhai Dungarbhai Mistri as well as the principal borrower for recovery of the outstanding amount. Deceased Nanjibhai Dungarbhai did not reply to the notice and did not dispute the liability as per the petitioner. It is stated that Shri Nanjibhai Dungarbhai expired on 02/03/1986. On 22/05/1986 the petitioner filed a suit before the Board of Nominees being Arbitration Suit No. 1414 of 1986. It appears that there was no appearance on behalf of either the principal borrower or deceased Nanjibhai Dungarbhai and accordingly on 05/01/1987 the Board of Nominees made an ex-parte award and decree against the said two persons.