TMI Blog2022 (4) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... strar is directed to register the sale-deed duly executed by the State Bank of India in favour of writ-applicant in accordance with the provisions of the Registration Act at the earliest. Application allowed. - R/SPECIAL CIVIL APPLICATION NO. 5778 OF 2022 - - - Dated:- 13-4-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE MR VISHWAS SHAH, ADVOCATE WITH MS BHAVNA V SHAH FOR THE PETITIONER MR UTKARSH SHARMA, AGP GOVERNMENT PLEADER/PP FOR THE RESPONDENT ORDER PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA 1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:- 8(A) Be pleased to issue approp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther and other relief, order or direction which may be just, fit, proper and equitable in the facts and circumstances of the petition. 2. The subject matter of dispute in the present litigation is an immovable property identified as Dwarkesh, Plot No.24A, Nr. Panchvati Community Hall, Rajkot, admeasuring 304.77 sq.mtrs. situated at Rajkot. This subject property was owned by one M/s. Raghuvanshi Cotton Ginning and Pressing Pvt. Ltd. [for short the Borrower ]. The subject property was mortgaged by the borrower with the respondent no.3 State Bank of India against the loan facilities availed by the borrower. 3. The original borrower defaulted in the repayment of the loan amount and in such circumstances, the bank proceeded to take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he two pronouncements of this Court as under:- (1) Bank of India vs. State of Gujarat and others [Special Civil Application No.13863 of 2014; decided on 21st January 2020]. (2) Kalupur Commercial Co-operative Bank Ltd. vs. State of Gujarat [Special Civil Application No.17891 of 2018; decided on 23rd September 2019]. 9. We quote the relevant paragraphs of the judgment rendered in Kalupur Commercial Co-operative Bank Ltd. (supra) as under: 54. In view of the aforesaid discussion, We have no hesitation in coming to the conclusion that the first priority over the secured assets shall be of the Bank and not of the State Government by virtue of Section 48 of the VAT Act, 2003. 55. In the result, thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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