(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) In this civil application, certain prayers have been made which substantially overlapped the prayers made in Civil Application No.13645 of 2009, purported to have been filed by the same applicant. Such application came to be dismissed by the learned Single Judge by an order dated 18.2.2012. The case of the applicant is that such application, that is, Civil Application No.13645 of 2009 and a subsequent special civil application being Special Civil Application No.4473 of 2010, though filed in the name of the applicant herein, was never filed by the proprietor of the applicant's proprietary concern. Mr. Mihir Thakore, learned senior counsel for the applicant submitted that at this stage, without going into such controversy, the applicant is prepared to proceed on the basis that order dated 18.2.2010 still stands. He further submitted that after such order was passed, the applicant approached the concerned Bank requesting for grant of benefit of one time settlement scheme and no due certificate upon depositing the requisite amount as per the one time settlement scheme. The Bank under communication dated 6.1.2012 conveyed that such request cannot be accepted in view of the stay order granted in Letters Patent Appeal No.1300 of 2010. He, therefore, submitted that fresh cause has been arisen and in any case this application be entertained.
Rule returnable on 20th September, 2012. Mr. Dharmesh V. Shah, learned counsel waives service of notice of Rule on behalf of the respondent No.1, Mr. Amar Bhatt, learned counsel waives service of notice of Rule on behalf of the respondent No.2 and Mr. Viral K. Shah, learned counsel for Mr. Ketan D. Shah waives service of notice of Rule on behalf of the respondent No.6. Direct service is permitted qua respondent Nos.3 to 5 and 7.
(AKIL KURESHI,J.) (HARSHA DEVANI,J.) Vahid