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Pusad Urban Cooperative Bank, Yavatmal ... vs Piyush S/O Vikram Gholve And Others on 26 July, 2019
cites
Sahara India Commercial Corporation ... vs B. Jeejeebhoy Vakharia And Associates ... on 4 June, 2007
6. The learned counsel for the petitioner however by relying upon the
decision in Sahara India Commercial Corporation Ltd. Vs. B.Jeejeebhoy
Vakharia and Associates, 2008(5) Mh.L.J. 803 and Tirupati Ginning and
Pressing Factory Vs. M/s. Balaji Ginning and Pressing Industry Akola and
others, submits that in absence of any prior notice under Section 164 of the
said Act, the suit itself was not maintainable.
B.Y. Chavan And Anr vs Association Of Tenants Of The Bombay ... on 25 September, 2018
7. It is found that presently there is no notice of auction by the
petitioner-Bank and hence in the facts of the present case, I am inclined to
follow the observations as made in para 10 of the decision in B.Y.Chavan and
another (supra). On that basis, the plaintiff could be permitted to cure defect
by deleting the name of the Bank and thereafter seek to add it subsequently
after giving notice under Section 164 of the said Act.
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