BHAGYALAXMI CO-OPERATIVE BANK LTD. Versus BABALDAS AMTHARAM PATEL (D) THROUGH LRS. . AND ORS. PRANAYA KUMAR [ HEARD BY : HON. B.V. NAGARATHNA AND HON. UJJAL BHUYAN, JJ. ] (C.A. 3200/2016)

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Reading · C.A. 3200/2016

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C.A. 3200/2016

BHAGYALAXMI CO-OPERATIVE BANK LTD. Versus BABALDAS AMTHARAM PATEL (D) THROUGH LRS. . AND ORS. PRANAYA KUMAR [ HEARD BY : HON. B.V. NAGARATHNA AND HON. UJJAL BHUYAN, JJ. ]

HON'BLE MRS. JUSTICE B.V. NAGARATHNA · HON'BLE MR. JUSTICE UJJAL BHUYAN

C.A.Appellate relief Civil appeals Land

52 PDF renditions· 52 distinct judicial orders· 13 verified locally

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8Important Paragraphs
6Legal Principles
12Authorities
47Similar Cases

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What Happened

BHAGYALAXMI CO-OPERATIVE BANK LTD. Versus BABALDAS AMTHARAM PATEL (D) THROUGH LRS.& ORS.. C.A. 3200/2016 in the Supreme Court of India, CNR SCIN010307412008. Status on the court record: DISPOSED. This page is written from 13 order document(s) downloaded for this case, dated 1 August 2019 to 27 February 2026.

On 1 August 2019 the order records: Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2, 1.3 and 3 but none has entered appearance.
On 4 September 2019 the order records: Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2,1.3 and 3 but none has entered appearance.
On 21 October 2019 the order records: Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2, 1.3 and 3 but none has entered appearance.
On 29 January 2020 the order records: Service is complete on respondent nos.1.1 to 1.3, 2.1 to 2.4 & 3 but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court as per rules.
On 18 February 2020 the order records: Heard the learned counsel appearing for the appellant for some time. One proxy counsel appeared for the respondents seeks adjournment on the ground that the arguing counsel is out of station. The said counsel did not give his appearance slip.
On 1 March 2024 the order records: Service of notice for alternative arrangement(counsel designated as Senior Advocate) is complete on the sole appellant. Ld. Counsel, Mr P Ashok appearing on behalf of Mr Komal Mundhra, Advocate-on-record seeks one weeks time to make alternative arrangement. Allowed. List again on 25.4.2024.
On 25 April 2024 the order records: Sole appellant (erstwhile counsel designated as Senior Advocate) is duly represented now. Respondent nos. 1.1 and 2.1-2.4 are duly represented.
On 22 January 2026 the order records: We have heard learned senior counsel for the appellant(s) and learned counsel for the respondents. Judgment reserved.

Issues Before Court

Having heard learned senior counsel and learned counsel for the respective parties, the point that arises for our consideration is, whether, respondents are entitled to the benefit under Section 139 of the Act or they are liable as sureties in terms of Section 133 of the Act?

Procedural History

1 August 2019. Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2, 1.3 and 3 but none has entered appearance.
4 September 2019. Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2,1.3 and 3 but none has entered appearance.
21 October 2019. Respondent no.1.1 is duly represented. Service is complete on respondent nos. 1.2, 1.3 and 3 but none has entered appearance.
29 January 2020. Service is complete on respondent nos.1.1 to 1.3, 2.1 to 2.4 & 3 but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court as per rules.
18 February 2020. Heard the learned counsel appearing for the appellant for some time. One proxy counsel appeared for the respondents seeks adjournment on the ground that the arguing counsel is out of station. The said counsel did not give his appearance slip.
1 March 2024. Service of notice for alternative arrangement(counsel designated as Senior Advocate) is complete on the sole appellant. Ld. Counsel, Mr P Ashok appearing on behalf of Mr Komal Mundhra, Advocate-on-record seeks one weeks time to make alternative arrangement. Allowed. List again on 25.4.2024.
25 April 2024. Sole appellant (erstwhile counsel designated as Senior Advocate) is duly represented now. Respondent nos. 1.1 and 2.1-2.4 are duly represented.
10 December 2025. List on 11.12.2025.
11 December 2025. List on 21.01.2026.
21 January 2026. List tomorrow, i.e., on 22.01.2026.
22 January 2026. We have heard learned senior counsel for the appellant(s) and learned counsel for the respondents. Judgment reserved.
27 February 2026. Order on the record. The operative text could not be read.
27 February 2026. Order on the record. The operative text could not be read.
Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.

Advocates — Appellants: Mr. Raghavendra S. Srivatsa, Mr. Srinivas Rao S.S., Mr. Likhi Chand Bonsle, Mr. Rahat Bansal, Mr. Venkita Subramaniam T.R., Ms. Komal Mundhra, Mr. Aniket Bhattacharyya, Ms. Laxita Upadhyay, Mr. Raghvendra S. Srivatsa, Mr. Hari Vishnu, Mr. Saurabh Agrawal, Mr. Hari Vishnu Tiwari Advocates — Respondents: Mr. Kedar Nath Tripathy, Mr. Pranaya Kumar Mohapatra, Mr. Bikash Chandra, Mr. Purshottam Sharma, Mr. Ghanshyam Choudhary, Mr. P. N. Yadav, Mr. K. K. Chauhan, Mrs. Justice B.V. Nagarathna, Mr. Justice Ujjal Bhuyan.

Relief Sought & Granted

On 22 January 2026 the latest order on this record says: We have heard learned senior counsel for the appellant(s) and learned counsel for the respondents. Judgment reserved.

The court record marks the case disposed. These order files do not contain a sentence that states the appeal or petition was allowed or dismissed, so that result is not restated here.

Subjects

Appellate relief Civil appeals Land

Current position

DISPOSED · Latest recorded event 27 Feb 2026

Latest development

Latest recorded event 27 Feb 2026

Final disposition

DISPOSED

Important procedural note

Written only from 13 Supreme Court order file(s) for this case. No headnote or citation was added. 27 other files in the folder were left out.