High CourtsSingle Bench(2023) 09 GUJ CK 0057

Sureshbhai Dahyabhai Patel vs Kankaria Maninagar Nagrik Sahakari Bank Ltd

Gujarat High Court · Decided on 18 September 2023

HON’BLE JUDGES
Nirzar S. Desai, J
RESULT
Allowed
CASE NUMBER
R/Special Civil Application No. 5460 Of 2023

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Judgment

8 paragraphs · 198 words

Nirzar S. Desai, J

1.

Learned advocate Mr. K.J. Vyas appearing for the respondent, makes a statement, upon instructions that the Lavad Suit No.32 of 2018 has been withdrawn by the respondent Kankaria Maninagar Nagrik Sahakari Bank Ltd. on 11.9.2023 and he places on record photocopy of the aforesaid order passed by the Board of Nominees below Exh.1 in Summary Lavadi Suit Case No.32 of 2018 on 11.9.2023.

2.

In view of that upon instruction learned advocate Mr. Rajguru appearing for the petitioners seeks permission to withdraw this petition with a view to avail an alternative remedy available to the petitioner under law.

3.

Permission as prayed for is granted. The present petition stands disposed of as withdrawn.

4.

It is clarified that this Court has not gone into merits of the matter.

5.

In view of that Ad-interim relief/Interim relief granted earlier stands vacated.

6.

Notice is discharged. No order as to costs.

7.

Needless to say that whenever the alternative remedy availed by the present petitioner, it is open for the petitioner to point out before the appropriate authority about the pendency of present petition to meet with the aspect of limitation in accordance with law.