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SCA/13520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13520 of 2008
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JAWAHAR
MOTICHAND SHAH - Petitioner(s)
Versus
DENA
BANK & 19 - Respondent(s)
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Appearance :
MR
VISHWAS K SHAH for Petitioner(s) : 1,
None for Respondent(s) : 1 -
20.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 14/11/2008
ORAL
ORDER
1. The
petitioner by this petition, has challenged the order passed by the
Tribunal on the aspects of payment of Court fees and the proceedings
of the appeal.
2. Upon
hearing Mr. Shah, learned counsel for the petitioner, it appears that
as per the petitioner, the objections were filed by the petitioner in
capacity as tenant of the property and no orders were passed by the
Recovery Officer and at that stage, the petitioner approached to the
learned Tribunal in appeal contending inter alia that the auction be
cancelled. He further submitted that on account subsequent
development, the auction has failed.
3.
Under these circumstances, as such the appeal would also be rendered
infractuous and it may not be required for this Court to operate the
decision on the question of chargeability of the Court fees as sought
to be canvassed in the present case.
4. Apart
from above, it also deserves to be recorded that if the objections
are filed by the petitioner in sale proceedings and the auction is
continued to be held afresh, it would be required for the Recovery
Officer to decide the objections before the sale is finalised in
favour of offerer/purchaser.
3. In
view of the above, Mr. Shah, learned counsel seeks permission to
withdraw the petition.
4. Permission
is granted. Subject to the aforesaid observations, disposed of
accordingly.
(JAYANT
PATEL,J.)
ynvyas
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