Statement of pending cases before Hon,ble Supreme Court - As on 31.01.

2016

Sl
No. Circle
1

Zone
2

Nature
of the
case

Branch
3

Designat
ion &
PFM No. Date of
Brief
(if Staff) filing
facts
8
9
10

Filed by
Bank/Aga
Case No. inst Bank Name of Party
5
6
7

NIL

Bank's
plea in
brief
11

12

2016
Name of
Next
Purpose Advocate
Present date of
of next
& Phone
position Hearing hearing No.
13
14
15
16

Sl
Circle
No. 1

Zone
2

Branch
3

1 AHMEDABAD

AHMEDABAD

MC Ahmedabad

2 AHMEDABAD

AHMEDABAD

MC Ahmedabad

3 AHMEDABAD

AHMEDABAD

MC Ahmedabad

4 AHMEDABAD

AHMEDABAD

PAD ZO

5 AHMEDABAD

AHMEDABAD

PAD ZO

6 AHMEDABAD

AHMEDABAD

PAD ZO

7 AHMEDABAD

AHMEDABAD

PAD ZO

8 AHMEDABAD

AHMEDABAD

ELLISBRIDGE

9 AHMEDABAD

AHMEDABAD

BHADRA

10 AHMEDABAD

AHMEDABAD

MC Ahmedabad

11 AHMEDABAD

AHMEDABAD

MC Ahmedabad

Nature of Case No.

4 the case 5

Willful
SCA No.
defaulter
Winding up 16541/2012
Comp Pet. No.
petition
OJ appeal 136/11
OJ Appeal No.
filed
by
service
company
(terminal
service
(for
againt
the
benefits)
gratuity)
order of(for
service
paper
gratuity)
service (for
publication
gratuity)
deficit
for winding
stamp
duty
up.
deficit
matter.
stamp duty
matter.
Criminal

19/2013
SCA No.
6082/12
SCA No.
18000/2013
SCA No.
4608/2014
SCA No.
11294/2015
SCA No.
8618/2015
SCA No.
17499/2015
SCA No.
1324/2016
Sp. Cri. Appl.
No. 568/2016

Date : 15.02.2016

Statement of pending cases before Hon,ble High Court - As on

Filed by
Name of Party
Bank/Against Bank7
Case filed by
company
Case filed by Bank

Electrotherm of India Ltd

Case filed by
company
Case filed by Staf

Electrotherm of India Ltd

Case filed by Bank

Mr. VT Dave

Case filed by Bank

Mr. A N Kamdar

Case filed by Bank

Case filed by Bank
Case filed by Bank
Case filed by
company
Case filed by Bank

Electrotherm of India Ltd

Mr. R Tiwari

Designation Name of High

8 & PFM No.(if9 Court
10
Staff)
High Court
Ahmedabad
High Court
11456 (Head
Cashier)
Manager

16150
Late Shri. N B Patel through (Manager)
9058 (Head
its
widow
Smt
Ushaben
Cashier)
Stamp duty commissioner
Patel
Stamp duty commissioner
M/s IIPL
M/s IIPL

Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad
High Court
Ahmedabad

e Hon,ble High Court - As on 31.01.2016

Date of filing Brief facts
11
12.12.2012
20.09.2011
12.08.2013
11.12.2013
26.03.2014
14.07.2015
12.08.2015
19.10.2015
25.01.2016
25.01.2016

12
Bank declaired borrower as will full defaulter.
The
filed special
civil before
application
The borrower
bank filedhas
winding
up petition
High
against
the
decision
of
the
bank
as
willfull
court
of
Guajrat
Company
defaulter. has preferred an appeal No. 19/2013
before
Division
Bench,
High
Court
Gujarat
The case
has been
filed
by Mr.
R Trivedi
our
against
the
order
of
Single
Bench.
The
Honble
ex-employee
before
High
Court
Of
Gujarat
as
Bank
has filed
appeal
the efect
order dated
High
Court
passed
theagainst
order the
of
bank
has
adjusted
the
terminal
benefits
of
29.06.2013
passed
by RLCSCA
Ahmedabad
for the
operation
and
implementation
of the
order
Bank
has filled
an appeal
No.
4608/12
employee
as
a
guarantor.
directing
theCourt,
bank in
to
pay the
grauity
of
Rs.
dated
07.03.2012
company
petition
No.
before
High
Gujrat
against
the
order
Bank
has
filled
an
appeal
SCA
No.
11294/15
50,000/to
the
employee
along
with
the
136/2011
order
datedagainst
29.07.2013
shall
passed
by and
RLC,
at Ahmedabad
before
High
Court,
Gujrat
the
simple
interest
thereon
@ Rs. 10%
perorder
annum.
Bank
has
filed
SCA
no. 8618/15
against
the
remain
stayed.
passed
by RLC,
at
Ahmedabad
order
passed
by
the
Stamp
Duty
Bank has filed SCA no. 8618/15 against the
Commissioner
forthe
payment
of Rs. 14,43,031/order
passedthe
by
Stamp
Duty
Challenging
action
of the
bank
in
towards
deficit
stamp
duty
with
penalty
Commissioner
for payment
towards
deficitin
retaining/withholding
the
amount
credited
thereon.
The
branch
has
received
a letter dated
stamp
duty
with
penalty
thereon.
favour
of thefrom
IIPL.Police station, Bopal for
20.01.2016
investigation as Mr. Harish Mukati one of the
director of the company, IIPL has lodged a
complaint against bank's officials against the
retention of their exports. The branch has filed
Special Cri. Application before the Hon'ble
High Court, Gujrat against the police action.

Bank's plea in brief

Present
13 position

Next date of
14 Hearing 15

Financial statement discloses that the turnover during th Pending

23.02.2016

The company is unable to pay its debts and has lost

substratum
asiswell
as capacity
to debts
discharge
its financial
The company
unable
to pay its
and has
lost
obligation.
The
failure
to
pay
is
coupled
with
neglect
to
substratum
as
well
as
capacity
to
discharge
its
financial
The
petitioner
is ex-employee
of
the bank.
Bank
has
pay
and
that
therefore
various
figures
about
alleged
obligation.
The
failure benefits
to pay isof
coupled
with neglect
to
adjusted
the
terminal
the
employee
on the
turnover
of
the
company
and the
so
called
profit
Mr.
V.T.
Dave
had
approached
Ld.
Controlling
Authority
pay
and
that
therefore
various
figures
about
alleged
basis
ofdelay
undertaking
given
by years
him are
as anot
guarantor
in the
allegedly
earned
by the
company
anyAuthority
avail
or
after
aN
of company
more
than
16
even
filing
turnover
of
the
and
theLd.
so without
calledofprofit
Mr.
Aaccount
Kamdar
had
approached
Controlling
loan
of
JAI
Ambe
Travels
pertaining
to
our
assistance
in
face
of
the
fact
that
after
seeking
an
application
for
condonation
of
delay.
Bank
had
allegedly
earned
by the
company
are
not ofeven
any
avail an
or
after
a delay
ofNandlal
more
than
8 had
years
without
filing
Khanpur
Branch.
Smt.
Ushaben
Patel
approached
Ld.
extension
of
time
on
two
occasions
the
company
hasbut
not
strongly
opposed
before
RLC
for
the
indefinite
delay
assistance
in
face
of
the
fact
that
after
seeking
application
for
condonation
of
delay.
Bank
had
strongly
Controlling
Authority
after
ato
delay
more
than
11 years
paid
and before
could
not
pay
the
due
andofthe
payable
amount.
the
learned
has
failed
justify
the
reasoning
The
Honble
High
Court
vide
passed
the
order
following
extension
ofRLC
time
on
two
occasions
company
has
opposed
RLC
for
the
indefinite
delay
but
the
without
even
filing
an
application
for
condonation
of not
related
the
delay
caused
in next
filing
of
the
said
order
onto
dated
13.08.2015
paid
and
could
not
pay
the
due
and
payable
amount.
learned
RLC
has
failed
to
justify
the
reasoning
related
to
Ad-interim
relief
granted
and
date
is
03.03.2016
delay.
had
opposedofAuthority
before
ALC
and
RLC
for
application
before
the
Controlling
i.e.
ALC.
the

infurther
theBank
facts
andstrongly
circumstances
the
case,
the
petition
the
delay
caused
in
filing
of
the
said
application
before
for
hearing.
the
indefinite
delay
but
the
learned
ALC
and
RLC
have
Appellate
Authority
wastherefore,
not
inAppellate
directing
requires
admission
and
RULE
returnable on
the
Controlling
Authority
i.e. justified
ALC.
The
failed
to
justify
the reasoning
related
to
the
delay
caused
payment
of
interest
from
the
date
of
his
dismissal
and
03.03.2016.
Ad-interim
relief
granted
earlier
shall
This
is
not
the
case
of
criminal
nature
rather
it isofcivil
Authority
was
not
justified
in directing payment
in
filing
of
the
said
application.
the
interest
could
at
the
most
have
been
awarded
from
continue
as
interim
relief
during
the
pendency
of
this
dispute.
interest from the date of his dismissal and the interest
the
date
of
the
filing
of
the
gratuity
application
and
petition.
could
theDepartmental
most have been
awarded
from the
dateitof
Duringat
the
enquiry
concerned
employee
could
be
Maximum
Rs. 50,000/looking
to the
provision
the
filing
of
the
gratuity
application.
hassection-8
admittedofand
allGratuity
the charges
leveled
of
theconfessed
Payment of
Act-1972.
against him in the charge sheet and therefore Late. Mr.
Nandlal Patel was removed from the service on
19.07.1999. Mr. Nandlal Patel gave undertaking to the
efect that the terminal benefit should be adjust against
the financial loss caused to the Bank.

Pending

22.02.2016

Pending

Next date will

given
bydate
the
The last
court
after
was
fixed for
23.02.2016
the
decision
heraing
on
of
the BIFR in
23.02.2016
07.07.2014.
the
matter.
After
not yet
23.02.2016

Pending
Pending
Pending
Pending
Pending

listed
on
03.03.2016
board
03.03.2016

Pending

23.02.2016

Pending

17.02.2016

Pending

Purpose of next hearing

Name of
16 Advocate &
17
Phone No.
The matter is fixed for further hearing on 23.02.2016.
Mr. P G Desai (M)
9825094555
The next is fixed for hearing on 22.02.2016.
Mr. P G Desai (M)
9825094555
Next date will given by the court after the decision of
Mr. P G Desai (M)
the
in the
matter.
The BIFR
last date
was
fixed for heraing on 07.07.2014. After
not
yet
listed
on
board
The Hon'ble High court has passed the order restraining

9825094555
Mr. P G Desai (M)
9825094555
Mr. P G Desai (M)
the
disbursement
of
any
amount
towards
gratuity
to
Mr.
The Hon'ble High court has passed the order restraining 9825094555
Mr. P G Desai (M)
V
T Dave
and the next
is amount
01.02.2016
for further
hearing.
the
disbursement
of
any
towards
gratuity
to
Mr.
The Honble High Court vide passed the order following 9825094555
Mr. MD Rana
AN
Kamdar
and24.07.2015,
the next is 23.02.2016
for further
order
on
dated
"
heard
learned
counsel
for
(M)9898016926
Next
date is fixed for final hearing.
Mr. MD Rana
hearing.
the petitioner and perused the order impugned. The
Next
date
is fixed for
final
hearing.of finally. At this stage, (M)9898016926
Mr. MD Rana
matter
is required
to be
disposed
it
is also
noted
that the
advocate
Next
daterequired
is fixed to
forbe
filing
of reply
by the
bank. for the (M)9898016926
Mr. P G Desai (M)
caveator
is
not
present."
The
next
date
is
fixed
for
final
9825094555
Next date is fixed for filing of reply by the respondent.
Mr. P G Desai (M)
hearing on 23.02.2016.
9825094555

CHIEF MANAGER