Mrs. Dina R. Shah And ANR. v. Patan Co-Operative Bank Ltd. And ORS.

ssm 1 918-wp443.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 443 OF 2015 Mrs. Dina R. Shah & Anr.

....Petitioners.

Vs.

Patan Co-operative Bank Ltd. & Ors.

....Respondents.

Mr.Mayur Khandeparkar a/w Mr. R.S. Bidkar i/by Hariyani & Co. for the Petitioners.

Mr. Amol Kharat i/by Pillai & Co. for Respondent No.1. Mr. Rushil Mehta i/by Radha Shah for Respondent No.3. CORAM:- ANOOP V. MOHTA, J.

DATE :- 11 MARCH 2015.

P.C:- After hearing the parties and after due deliberation, the present Writ Petition can be disposed of. Therefore, by consent, the following order:-

ORDER

a) Order dated 20 December 2014 passed in Application dated 19 July 2014 for expunging of the Affidavit of Evidence in lieu of Examination-in-chief of Mr. S.V. Bhuta, is set aside.

b) Liberty is granted to the Respondent Bank to file fresh Affidavit of Evidence of its witness. It is 1/2

ssm 2 918-wp443.15.sxw however, made clear that the Affidavit of Evidence in lieu of Examination-in-chief of Mr. S.V. Bhuta filed in December 2012 shall remain on record of 1st Cooperative Court. All contentions of the parties with respect to the Affidavit of Evidence in lieu of Examination-in-chief of Mr. S.V. Bhuta filed in December 2012, are kept open.

c) Writ Petition is accordingly disposed of.

d) There shall be no order as to costs.

(ANOOP V. MOHTA, J.) 2/2