Vimal Services Ltd. Vs. Bank of India thro' Manager and Anr. (30.04.2008 - GUJHC)

Vimal Services Ltd. vs Bank of India thro' Manager and Anr.

Disposition Petition allowed Court Gujarat Decided Apr 30, 2008

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Citation: sooperkanoon.com/742602
Court: Gujarat High Court
Judge: C.K. Buch, J.
Decided On: Apr 30, 2008
Case Number: Special Civil Application No. 21094 of 2006
Subject: Banking;Contract
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - 32. There is strong resistance from the other side so far as request for suspension is concerned.

Key legal issue: Banking;Contract
Outcome / disposition: Petition allowed
Acts & sections: Indian Companies Act, 1956; Banking Company (Acquisition and Transfer of Undertakings) Act, 1970; Banking Regulation Act, 1949 - Sections 6; Negotiable Instruments Act - Sections 8; Indian...

Parties & Advocates

Appellant / Petitioner

Vimal Services Ltd.

Respondent

Bank of India thro' Manager and Anr.

Legal References

Acts: Indian Companies Act, 1956; Banking Company (Acquisition and Transfer of Undertakings) Act, 1970; Banking Regulation Act, 1949 - Sections 6; Negotiable Instruments Act - Sections 8; Indian Contract Act, 1972 - Sections 126; Transfer of Property Act - Sections 3 and 130; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rule 1; Constitution of India - Articles 3, 6, 9, 10, 12, 13, 14, 24 and 226
Reported In: (2008)3GLR1894

Excerpt

- - 32. there is strong resistance from the other side so far as request for suspension is concerned.order30. before the aforesaid cav judgment could be signed, shri j.t. trivedi, learned counsel appearing for the respondent no. 1-bank, has prayed that the operation of the present judgment may be suspended at least for some time because ultimately it is the obligation of the respondent no. 1-bank to pay the amount.31. as the present judgment, to some extent, so far as the award of costs and interest is concerned, has some element of mandamus, it would be in the interest of justice to place the same under suspension. 32. there is strong resistance from the other side so far as request for suspension is concerned. it is also submitted by shri vyas that the respondent no. 1-bank at least should be asked to pay something during the interregnum period, but this submission is not found acceptable. 33. hence, the present judgment is hereby ordered to be placed under suspension till 14th may 2008 and there shall not be any further extension of the same. 34. direct service is permitted.

Full Judgment

ORDER

30. Before the aforesaid CAV judgment could be signed, Shri J.T. Trivedi, learned Counsel appearing for the respondent No. 1-Bank, has prayed that the operation of the present judgment may be suspended at least for some time because ultimately it is the obligation of the respondent No. 1-Bank to pay the amount.

31. As the present judgment, to some extent, so far as the award of costs and interest is concerned, has some element of mandamus, it would be in the interest of justice to place the same under suspension.

32. There is strong resistance from the other side so far as request for suspension is concerned. It is also submitted by Shri Vyas that the respondent No. 1-Bank at least should be asked to pay something during the interregnum period, but this submission is not found acceptable.

33. Hence, the present judgment is hereby ordered to be placed under suspension till 14th May 2008 and there shall not be any further extension of the same.

34. Direct Service is permitted.

Same Court & Year Gujarat · 2008 Same Parties Vimal Services Ltd. vs Bank of India thro' Manager and Anr. Same Subject Banking;Contract Same Judge C.K. Buch, J. Acts & Sections Indian Companies Act, 1956; Banking Company (Acquisition and ...

Banking;Contract