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Gujarat High Court

Mayurkumar Girishchandra Shah vs Bank Of Maharastra & 2 on 30 August, 2016

Author: S.H.Vora

Bench: S.H.Vora

                  C/SCA/7090/2016                                            ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                     SPECIAL CIVIL APPLICATION NO. 7090 of 2016

                                           With

                     SPECIAL CIVIL APPLICATION NO. 8487 of 2016
                                            TO
                     SPECIAL CIVIL APPLICATION NO. 8488 of 2016
         ================================================================
                  MAYURKUMAR GIRISHCHANDRA SHAH....Petitioner(s)
                                   Versus
                     BANK OF MAHARASTRA & 2....Respondent(s)
         ================================================================
         Appearance:
         MR SIRAJ R GORI, ADVOCATE for the Petitioner(s) No. 1
         MR ANIP A GANDHI, ADVOCATE for the Respondent(s) No. 1 - 2
         MR TEJAS P SATTA, ADVOCATE for the Respondent(s) No. 3
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                    Date : 30/08/2016


                                     ORAL ORDER

Prima-facie, it appears that the respondents have not followed the guidelines for reporting the names of third party involved in fraud to IBA for inclusion in the caution list as provided and referred in the circular dated 27.08.2009 annexed at Annexure-J to the Special Civil Application No.7090 of 2016 and Annexure-F to the Special Civil Application Nos. 8487 of 2016 and 8488 of 2016.

From the reply filed by the respondents, there is neither denial nor any evidence placed on record to suggest that respondents have complied with the guidelines before putting the names in caution list and therefore, present petition deserves consideration. Therefore, rule.

Page 1 of 2

HC-NIC Page 1 of 2 Created On Thu Sep 01 00:44:36 IST 2016 C/SCA/7090/2016 ORDER Meanwhile, operation and implementation of the impugned action/communication written by respondent-bank on 21.11.2015 and subsequent communication dated 07.01.2016 are hereby stayed qua the petitioners.

(S.H.VORA, J.) siddharth Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Sep 01 00:44:36 IST 2016