1. Heard learned advocate Mr. Buch for the applicant and learned advocate Mr. D. R. Ravaiya for learned advocate Mr.C.B.Upadhyaya for respondent no.1.
2. The applicant has taken out present application seeking below mentioned relief:
"9(A) Your Lordship be pleased to admit and allow the present application and further be pleased to pass an order ordering the present applicant be permitted to join as party respondent No.3 in the main petition being Special Civil Application No.1089 of 2006 in the interest of justice."
3. The record shows that the copies of application have been served to learned advocates appearing for the contesting parties i.e. respondent nos.1 to 3. The applicant wants to be impleaded as party respondent no.3 in the petition being Special Civil Application No.1089 of 2006. In support of the request made in present application the applicant has enumarated the reasons in light of which the applicant has preferred present application. The reasons mentioned in the application reads thus:
"(i) The opponent No.1 and his near relatives, constituted a partnership firm, in the name of Asha Plastic Sales Corporation. The said firm and its partners procured various financial assistance from the applicant bank i.e. pledge loan for an amount of Rs.3 lacs, hypothecation loan for an amount of Rs.5 lacs and machinery loan for an amount of Rs.3 lacs.
(ii) As the said loans remain unpaid, the applicant bank had instituted three different suits, being Summary Suit Nos.466 of 2001; 469 of 2001 and 472 of 2001 before the Board of Nominees Court, Bhavnagar. The siad suits came to be decreed by the learned Board of Nominees Court, vide judgment and decree dated 22.02.2002. A copy of the operative portion of the orders are annexed hereto and marked as ANNEXURE-A COLLY to the present application.
(iii) The said decrees are yet not satisfied and at present a total amount of Rs.31,40,952.98ps as on 31.03.2010 is outstanding. For recovery of the said outstanding dues, Special Darkhast No.51 of 2004 and other similar execution applications are filed before the Civil Court, Bhavnagar."
4. Having regard to the facts and circumstances of the case, if the request made by the applicant is granted, particularly considering the fact that present petitioner is already prosecuting remedy before appropriate trial court with regard to the same property which is subject matter of Special Civil Application, it appears that if the request made by the applicant is granted, interest of the original petitioner and/or respondent GIIC will not be adversely affected. On the other hand in view of the development which has taken place and/or is likely to take place in the nature of possibility of a settlement between the original petitioner and respondent GIIDC, if the request is not granted, not only there is a likelihood that present applicant's interest may be adversely affected but there is also a possibility that conflicting decisions may be passed. Therefore, request made in the application in para-9(A) is granted.
5. The Court has noticed the fact that copy of present application has been served on learned advocates for the respondents in May, 2010 however, until now, any reply opposing the application has not been filed.
6. Learned advocate Mr.Buch for the applicant has submitted that so far as learned advocate for respondent no.3 is concerned, he has conveyed that he has no objection if the relief prayed for in the application is granted.
7. Therefore, present application is allowed in terms of para-9(A).
8. The Civil Application stands disposed of accordingly.
(K.M.THAKER, J.) (ila) Top