SCA/8954/1989 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8954 of 1989 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= DAHYALAL S PATEL - Petitioner(s) Versus SUPRABHAT COOP BANK LTD & 9 - Respondent(s) ================================================= Appearance : NOTICE UNSERVED for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2,5 - 7,9 - 10. SERVED BY AFFIX.-(R) for Respondent(s) : 3 - 4. RULE UNSERVED for Respondent(s) : 8, ================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 24/06/2008 ORAL JUDGMENT The present petition is filed by the petitioner praying that, “to quash and set aside the orders of both the lower courts, the judgement and the decree of the Lavad Case No.1591/82 decided on 12.12.88 by the Board of Nominees Court, Ahmedabad and the order under Appeal no.10 of 1989 dated 21.9.89 by the Cooperative SCA/8954/1989 2/3 JUDGMENT Tribunal of the State of Gujarat which are at Annexures 'A' and 'B'.” 2. Lavad Case No.1591 of 1982 was filed by Suprabhat Cooperative Bank Limited against a partnership firm, which was joined as defendant no.1 and defendants no.2 to 11 were its partners. The Board of Nominees was pleased to decide that suit by judgement and order dated 12.12.1988, whereby defendant no.3 was ordered to pay an amount of Rs.27,027-85 with interest at the rate of 18% from 01.01.1982, whereas the suit was dismissed against defendants no.8 and 11. The present petitioner had filed an appeal before the Gujarat State Cooperative Tribunal being Appeal No.10 of 1989 against Suprabhat Cooperative Bank Limited and eight other persons including 'Hiralal & Co.', a partnership firm. The said appeal was dismissed by judgement and order dated 21.09.1989. It is these two orders, which are under challenge. 3. This petition was filed by Shri G.K. Upadhyay, who was, later on, appointed as Extra Assistant Judge. The petition was admitted by order dated 06.08.1991. The order reads as under: “Rule. Ad interim relief in terms of paragraph 6(C) is granted on condition that the petitioner deposits 50 per cent of the amount awarded before this Court within 2 months from today. Notice as to interim relief returnable on 28/8/91.” SCA/8954/1989 3/3 JUDGMENT 4. Thereafter, there was no effective hearing. On 18th October 1991, this Court passed the following order: “Ad interim relief granted earlier to continue until further orders.” 5. It is not on record whether the petitioner had complied with the order passed by this Court of depositing 50% of the amount awarded, in this Court within two months from the date of the order, viz. 6th August 1991. Later on, when the matter came up for hearing on 25th March 2008, the Court passed an order to issue fresh notice to the petitioner returnable on 22nd April 2008, to be served by Registered Post Acknowledgment Due. That notice has remained unserved with a remark of the Bailiff that, “They are shifted to another place and notice to respondent no.8 unserved due to incomplete address. Advocate notice for petitioner no.1 returned unserved as left.” 6. In view of the aforesaid fact situation the present petition is dismissed. However, in the interest of justice, liberty is reserved in favour of the petitioner to apply in case of difficulty. Rule is discharged. Interim relief is vacated. No order as to cost. (RAVI R. TRIPATHI, J.) karim