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2021 Supreme(Guj) 39

VIPUL M.PANCHOLI
Newton Engineering and Chemicals Ltd. – Appellant
Versus
Bank of Baroda through Its Chief Manager and Authorized Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Shakti S Jadeja, Mr S P Majmudar
For the Respondent: Mr Biju A Nair, Mr Devang Vyas

JUDGMENT :

1. Rule. Learned advocate Mr.Biju A. Nair waives service of notice of Rule for respondent No.1 and learned ASG Mr.Devang Vyas for respondent No.2.

2. Looking to the issue involved in the present petition, learned advocates appearing for the parties jointly requested that the same be disposed of finally at admission stage.

3. This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:

    “(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus/certiorari, or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 23.12.2020 [in so far as it modified its earlier orders/directions of maintaining status-quo and permitted the respondent-bank to proceed with the auction process] passed by Hon'ble Debts Recovery Tribunal-II, Ahmedabad in S.A./154/2018 (at ANNEXURE-V hereto) and may further be pleased to allow the prayers as prayed for in IA/1816/2020 (at ANNEXURE-L hereto) and IA/2076/2020 (at ANNEXURE-R hereto) by quashing and setting aside E-Auction Sale Notices dated 15.10.2020 (at ANNEXURE-K hereto) and 21.11.2020 (at ANNEXURE-Q hereto) issued by

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