Gujarat High Court
M/S Pravin Cotton Pvt. Ltd vs Branch Manager, Dena Bank on 22 January, 2019
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/SCA/19106/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19106 of 2018
With
CIVIL APPLICATION NO. 1 of 2019
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M/S PRAVIN COTTON PVT. LTD
Versus
BRANCH MANAGER, DENA BANK
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Appearance:
MR.D K.PUJ(3836) for the PETITIONER(s) No. 1,2,3,4,5
ADITYA S RAVAL(9674) for the RESPONDENT(s) No. 1,2,4
MR VISHAL NAWAL with MR G K VAGHANI(7830) for the RESPONDENT(s)
No. 1,2,4
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 3
V G RAVAL(7637) for the RESPONDENT(s) No. 1,2,4
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CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 22/01/2019
ORAL ORDER
1. Learned Advocate Mr.Puj for the petitioners, relying upon the undertaking given by the petitioners, submitted that the petitioners are willing to clear the entire outstanding dues of the respondent Bank within four weeks, if the respondent Bank undertakes to return the title documents in respect of the properties in question belonging to the petitioners, which are sought to be auctioned tomorrow.
2. However, the learned Advocate Mr.Vishal Nawal for the respondent Bank, placing reliance upon the affidavit-in-reply filed by the respondent Bank, would submit that there are outstanding Page 1 of 2 C/SCA/19106/2018 ORDER dues of the sister concern of the petitioner company and the petitioner had filed a general undertaking with regard to the dues of the other company also, and therefore, unless the accounts of both the companies are cleared, the title documents could not be returned to the petitioners.
3. In view of the above, let the main petition be heard on merits in the next week. If the petitioners wish to clear the dues of the respondent Bank, they may do so by approaching the Bank and the Bank may consider the request in accordance with law and their policy.
4. The petition be listed for final hearing in the next week.
(BELA M. TRIVEDI, J) V.V.P. PODUVAL Page 2 of 2