Bhagyodaya Co-operative Bank Limited vs Vimal Traders

Honourable Mr. Justice M.D. Shah

It is jointly submitted by learned advocates for the respective parties that the amount is deposited with the nationalized bank in pursuance of the order passed by this Court and, therefore, if application for garnishee order pending before the Executing Court in Special Darkhast No. 3 of 2006 and the issue of disbursement are directed to be decided within four months, they would not invite for a reasoned order. In view of the above, without deciding the matter on merits and without prejudice to the rights and contentions of the parties, Executing Court is directed to dispose of application for garnishee order pending before the Executing Court in Special Darkhast No. 3 of 2006 as well as the issue of disbursement within four months from the date of receipt of copy of this order on its own merits, in accordance with law and without being influenced by this order. With the above directions, Special Civil Application No. 3242 of 2007 stands disposed of. Rule is discharged.

In view of the disposal of the main Special Civil Application, Civil Application Nos. 15650 of 2007 and 9964 of 2009 do not survive and are disposed of accordingly. Rule is discharged. Direct service is permitted. Office is directed to list Special Civil Application No. 5652 of 2007 and Civil Application No. 9965 of 2009 on 27-12-2012.