SULEMANI CO OPERATIVE BANK LIMITED Vs. AGRO TRADERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The facts of the case are that the petitioner-bank filed Lavad Suit No.248/94 against the respondents for recovery of sum of Rs.2,09,751.40 towards the loan advanced to them. The suit was allowed on 11/8/97 by the court of Board of Nominees. The bank preferred Execution of the said award/judgment of the Board of Nominees before the Court of learned Civil Judge (S.D.), Baroda vide Special Darkhast No.39/1988. The property of the respondents, which was mortgaged by them to the bank as a security for the repayment of the loan amount were attached. The petitioner filed application at Ex.16 on 8/10/98 in the Executing Court praying therein for the auction of the property under the orders of the court. This application was not replied by the respondents. Meanwhile a sum of Rs.10,000.00 was deposited by respondents with the bank towards the decretal amount and a pursis to this effect has also been passed in the Executing Court. The application at Exh.16 of the petitioner was came to be rejected by the Execution Court under the impugned order, which reads as under :

(3.) Hence this Civil Revision Application.