S.S.PARKAR, CHAIRPERSON
Shridhar Construction Pvt. Ltd. – Appellant
Versus
Shetrunjay Cooperative Housing Society Ltd. – Respondent
S.S. Parkar, Chairperson— This appeal raises question about the territorial jurisdiction of DRT-I and of the DRT-II of Ahmedabad in the State of Gujarat.
2. The appeal has been filed impugning the order dated 22.5.2008 passed by the Presiding Officer, DRT-I, Ahmedabad rejecting the application filed by the appellants to transfer proceeding from DRT-I Ahmedabad to DRT-II, Ahmedabad. The application was filed on the ground that as per the notification dated 29.5.2007 issued by the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi the matters arising in the District of Surat in the State of Gujarat were allotted for decision to the DRT-II, Ahmedabad for the purpose of territorial jurisdiction.
3. The proceeding had been initiated under the provisions of the SARFAESI Act when the respondents filed application under Section 17 of the SARFAESI Act in the DRT-I, Ahmedabad challenging the sale of the property to the appellants under the provisions of Section 13(4) of the SARFAESl Act. That proceeding was filed on 31.12.2007 in the DRT-I, Ahmedabad.
4. The appellants are challenging the filing of the proceeding in the DRT-I o
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