JUDGMENT :

V. G. Bisht, J.

1. Rule. Rule made returnable forthwith. By consent, heard finally at the stage of admission.

2. The petitioners, by way of Writ Petition (L) No.46 of 2022 under Article 226 of the Constitution of India, seek to quash and set aside the impugned order dated 8th December 2021 passed by the respondent no.1 (Registrar, Debts Recovery Appellate Tribunal) and vacate the stay imposed on conducting public auction.

3. Writ Petition No.2537 of 2021 is at the instance of Prashant K. Mehta and others under Article 226 of the Constitution of India, seeking direction against respondent no.9 (Recovery Officer, Debts Recovery Tribunal-I) and respondent no.2 (Phoenix ARC Pvt. Ltd.) not to take any steps to alienate, encumber, transfer, value and/or auction the Flat No.37, 18th floor, Usha Kiran, Carmichael Road, Mumbai- 400026, belonging to petitioner no.2, until the Debt Recovery Appellate Tribunal, Mumbai is functional and decides the petitioner’s appeal D No.369 of 2021.

4. The causes for inception of these petitions although have same echo, yet brief narratorial facts need to be outlined;

(A) Writ Petition (L) No.46 of 2022 :

The petitioner no.1 is a Securitisation and Asset