Gujarat High Court Case Information System
Print
SCA/9051/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9051 of 2011
=========================================================
NIKHILKUMAR
MAHESHKUMAR PATEL - Petitioner(s)
Versus
STATE
BANK OF INDIA & 6 - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1,MR GIRISH B THAKER for Petitioner(s) : 1,MR SHAKTI
S JADEJA for Petitioner(s) : 1,
None for Respondent(s) : 1 -
7.
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/07/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
According
to the petitioner, he has already moved before the Debt Recovery
Appellate Tribunal, Mumbai [“DRAT”], against the order
passed by the Debt Recovery Tribunal-II Ahmedabad [“DRT-II”].
Interim order has been passed by DRT-II Ahmedabad which is continued
till 18th July, 2011. The respondent-Bank intends to
affirm the sale in favour of another person. If the same is
confirmed, then, in that case, the petitioner who has purchased the
property may be evicted. The petitioner has no remedy as the
Presiding Officer, DRAT, Mumbai is on leave and will retire on 22nd
July, 2011.
Let
notice be issued on the respondents to state as to why protection
given by DRT-II Ahmedabad regarding non-confirmation of the sale be
not extended till the matter is taken up by DRAT, Mumbai.
Apart
from the notice through Court, direct notice is also permitted.
Post
the matter on 8th August, 2011 within ten cases.
Until
further orders, the respondent will not confirm the sale of the
property purchased by the petitioner nor evict the petitioner from
the said property if it is in his possession, without prior
permission of the Court.
[S.J.
MUKHOPADHAYA, CJ.]
[J.B.
PARDIWALA, J.]
pirzada/-
Top