Suryapur Co Operative Bank Ltd (In ... vs Girishchandra Pratapsinh Vansia & 5 on 8 June, 2016

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Gujarat High Court

Suryapur Co Operative Bank Ltd (In ... vs Girishchandra Pratapsinh Vansia & 5 on 8 June, 2016

Bench: Abhilasha Kumari

               C/CA/10340/2015                                                ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR JOINING PARTY) NO. 10340 of 2015

                    In SPECIAL CIVIL APPLICATION NO. 8154 of 2014

         ==========================================================
          SURYAPUR CO OPERATIVE BANK LTD (IN LIQUIDATION)....Applicant(s)
                                  Versus
             GIRISHCHANDRA PRATAPSINH VANSIA & 5....Respondent(s)
         ==========================================================
         Appearance:
         MR JAYDEEP RAJPUT FOR MR DHARMESH V SHAH, ADVOCATE for the
         Applicant(s) No. 1
         MR CHIRAG B PATEL, ADVOCATE for the Respondent(s) No. 1-5
         MR NEERAJ ASHAR, ASSISTANT GOVERNMENT PLEADER for the
         RESPONDENT(s) No. 6
         ==========================================================

                CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
                       KUMARI

                                  Date : 08/06/2016


                                    ORAL ORDER

1. Rule. Mr.Chirag B. Patel, learned advocate, wavies service of notices of Rule on behalf of respondents Nos.1 to 5 and Mr.Neeraj Ashar, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent No.6.

2. This application has been preferred by the applicantSuryapur Cooperative Bank Limited (in Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Jun 09 01:50:34 IST 2016 C/CA/10340/2015 ORDER liquidation) for joining as party respondent in Special Civil Application No.8154 of 2014.

3. Though Mr.Dharmesh V. Shah, learned advocate for the applicant, has filed a leavenote, today, however, Mr.Jaydeep Rajput, learned advocate, states that he has received instructions to appear on his behalf and to conduct the matter, today.

4. It is submitted by Mr.Rajput, learned advocate for the applicant, that in the dispute that is raised by respondents Nos.1 to 5 in the petition, there are certain documents which are only available with the applicant Bank showing that a fraud has been committed by the Board of Directors and Officers of the Bank involving public money. Further, there has been misappropriation of public funds, which is against the interest of the Bank and also against the public interest. Hence, the applicant Bank is a necessary and proper party, apart from being an affected party. Therefore, permission to be joined as respondent may be granted.

Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Jun 09 01:50:34 IST 2016 C/CA/10340/2015 ORDER

5. Mr.Chirag B. Patel, learned advocate for respondents Nos.1 to 5, has not raised any objections regarding the joining of the applicant. Neither has Mr.Neeraj Ashar, learned Assistant Government Pleader, objected to the prayer made in the application.

6. Hence, taking into consideration the aspect that public money is involved and the Bank is in possession of certain documents, that have a bearing on the dispute that has been raised in the petition, the following order is passed:

The applicant Bank is permitted to be joined as party respondent No.2 in Special Civil Application No.8154 of 2014. The necessary amendment in the cause title of the petition may be made by the original petitioners, within one week from today.

7. The application is allowed, in the above terms. Rule is made absolute, accordingly.

(SMT. ABHILASHA KUMARI, J.) piyush Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Jun 09 01:50:34 IST 2016

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