Supreme Court · 2022 INSC 1210 · Decided 16 November 2022

Bhagyoday Cooperative Bank LTD. v. Ravindra Balkrishna Patel Deceased Through His LRS & Ors

Court
Supreme Court of India
Citation
2022 INSC 1210 · [2022] 18 S.C.R. 1
Case number
CIVIL APPEAL No. 8531/2022
Decided
16 November 2022
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 38, 39, 2; Constitution Article 103; Limitation Act Section 5

Headnote

Gujarat Co-operative Societies Act, 1961 (GCoSA, 1961) - Ss. 103, 103 (a) - Code of Civil Procedure 1908 - Ss. 38, 39, Or. 21, r.46A, Or. 26, r.46 - Limitation Act S. 5 - The Appellant-Bank granted a financial facility to a firm (M/s. Firm) of three partners (Respondents and one Gautam Vishnuprasad Tripathi) - Amount was not repaid - Lavad Suit was filed in 1988 by the Appellant before the Board of Nominees u/ GCoSA 1961, which held to make payment with interest p.a. from the date of suit till realisation and

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