IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4686 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- VIRAT PAPER PROCESSORS Versus BHAGYODAY CO-OP. BANK LTD. -------------------------------------------------------------- Appearance: MR IM PANDYA for Petitioners MR TUSHAR MEHTA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 29/06/2000 ORAL JUDGEMENT #. If we go by the order made by this court on 19th June 1998, it is clear that on very limited ground, notice has been given. Ultimately, on the limited ground this writ petition was admitted. #. It is the contention of learned counsel for the petitioner that the value of the property is more than Rs.50 lacs. It is hardly any material for the respondent because they are only concerned with the dues to be paid by petitioner and if the dues are not paid then for recovery of the same, this property has to be put to auction. I fail to see any justification in this prayer of the petitioner to direct the bank to permit the petitioner to sell the property by private negotiation. It is always open to the petitioner to participate in the auction, that is to say, to bring prospective buyers and make all the efforts to get maximum price. In case this property would have been really worth Rs.50 lacs, it would not have been difficult for the petitioner to arrange this small amount for payment thereof to the respondent. This petition is only a device or tactics to delay the disposal of property. The bank is deprived of from recovering this amount as this court has granted stay in favour of petitioner. #. In the result, this special civil application fails and the same is dismissed. Rule discharged. Interim relief earlier granted stands vacated. No order as to costs. ....... (sunil)