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SCA/4944/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4944 of 2010
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RAJSINH
RANA CHANCHIYA - Petitioner(s)
Versus
BANK
OF BARODA THROUGH MANAGER SHRI - Respondent(s)
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Appearance :
MR
ASHISH M DAGLI for Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/04/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
As
it appears that the respondent Bank of Baroda has already taken
measures under Section 13(4) of the Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002
[ the Act for short] and the notice demanding possession has
been issued on 17.4.2010, instead of interfering on such notice, we
allow the petitioner to prefer an appeal under Section 17 of the Act
before the Debts Recovery Tribunal. If the petitioner is interested
to pay back the dues, we allow the petitioner to pay the dues as may
be agreed between the parties.
2. If
any appeal under Section 17 of the Act is preferred by the petitioner
before the Debts Recovery Tribunal within 15 days, the Tribunal will
decide the same on merit after notice to the bank. Pendency of such
appeal will not stand in the way of the petitioner to make one time
settlement with the bank.
3. The
petition stands disposed of with the aforesaid observations.
Direct
Service is permitted.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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