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CA/5068/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 5068 of 2011
In
CIVIL
APPLICATION No. 4459 of 2010
In
SPECIAL CIVIL APPLICATION No. 4353 of 2008
=========================================================
VINUBHAI
CHHOTABHAI PATEL & 28 - Petitioner(s)
Versus
LIQUIDATOR
PETROFILS CO-OPERATIVE LTD & 15 - Respondent(s)
=========================================================
Appearance
:
MR
NILESH A PANDYA for
Petitioner(s) : 1 - 29.
MR MS RAO for Respondent(s) : 1,
MR
BHARAT JANI for Respondent(s) : 2, 11,
None for Respondent(s) :
3,14 - 16.
MR PRANAV G DESAI for Respondent(s) : 4 - 8.
MR BH
BHAGAT for Respondent(s) : 9 - 10.
MR KI SHAH for Respondent(s) :
12 - 13.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 10/05/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
The
writ petition – Special Civil Application No.4353/2008 has been
preferred by the Liquidator – Petrofils Co-operative Limited
(in liquidation) challenging the notice issued under Section 13(2) of
the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. On 23rd June
2010, the Court, having noticed that no measures were taken under
Section 13(4) of the said Act, did not choose to pass any order but
allowed the parties to make settlement to solve the problem. On the
request of the parties, the case was adjourned, to be listed on 8th
July 2010.
In
the said case, Civil Application No.4459/2010 has been filed by one
Vinubhai Chhotabhai Patel and 28 others, wherein the Court, having
noticed the aforesaid facts, did not choose to pass any order.
The
present Civil Application has been filed by Vinubhai Chhotabhai Patel
and 28 others, praying to quash and set-aside the sale
certificate-cum-possession letter issued by the Official Liquidator
in favour of respondent nos.15 and 16. It is alleged that during the
pendency of the case, the Official Liquidator has sold the property
of the applicants of the present Civil Application.
Learned
counsel for the petitioner submits that earlier on 6th
April 2010 in Civil Application No.3036/2010 in Special Civil
Application No.4353/2008 when this Court noticed that the auction has
already taken place pursuant to the Court’s order, allowed the
Liquidator to confirm the sale in absence of any objection made by
any of the parties.
We
have heard learned counsel for the parties and perused the matters.
In
the present case, as the Liquidator has made auction sale of the
property, giving rise to a fresh cause of action, though it is always
open to the aggrieved persons to challenge the same by filing a case
before a Court of competent jurisdiction but such prayer cannot be
made by way of intervention petition (Civil Application). If the
applicants are aggrieved against the order of sale, they may move
before a Court of competent jurisdiction for appropriate relief.
Civil
Application stands disposed of.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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