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SCA/14746/2004 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14746 of 2004
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GHANSHYAMBHAI
KANCHANLAL DARJI - Petitioner(s)
Versus
BANK
OF BARODA KALOL (MAIN) BRANCH & 2 - Respondent(s)
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Appearance :
MR
NILESH A PANDYA for Petitioner(s) : 1,
DR MAHESH THAKAR for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/03/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
respondent bank took action for auction sale of the property in
question. The petitioner, who claims to be the tenant, moved this
Court without moving before the Debts Recovery Tribunal. By interim
order dated 3.12.2004, the petitioner was allowed to take possession
of the property back on condition of filing a specific undertaking
that he will vacate the premises in question within a period of 72
hours from the finalization of the auction sale. It appears that
thereafter more than 5?
years have passed, but neither the bank has taken steps under the
Securitization and Reconstruction of Financial Assets and Enforcement
of Security Interest Act,. 2002 nor the petitioner vacated the
premises. It may be because of the tenant already in the premises
that the bank is not in a position to auction sale of the property.
In the facts and circumstances, we are not inclined to grant any
relief to the petitioner and the petitioner will vacate the premises
in question immediately. The interim order passed on 3.12.2004 is
vacated.
The
petition is dismissed. However, this order shall not stand in the
way of the petitioner to move before the Debts Recovery Tribunal for
appropriate relief.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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