Point of Law: While expressing the aforesaid view, we are conscious that the powers conferred upon the High Court under Article 226 of the Constitution to issue to any person or authority, including in appropriate cases, any Government, directions, orders or writs including the five prerogative writs for the enforcement of any of the rights conferred by Part III or for any other purpose are very wide and there is no express limitation on exercise of that power but, at the same time, we cannot be oblivious of the rules of self-imposed restraint evolved by this Court, which every High Court is bound to keep in view while exercising power under Article 226 of the Constitution

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 respondent-bank and all consequential steps pursuant to the said E-Auction Sale Notices;

(B) Pending hearing and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of 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] passed by Hon'ble Debts Recovery Tribunal-II, Ahmedabad in S.A./154/2018 and may further be pleased to stay all further proceedings/steps pursuant to E-auction Sale Notices dated 15.10.2020 (at ANNEXURE-K hereto) and 21.11.2020 (at ANNEXURE-Q hereto) and be pleased to direct the respondent-bank not to confirm sale in favour of auction purchasers and to maintain status-quo qua auction process;

(C) Such other and further reliefs as may be deemed just and proper in the facts of and circumstances of the present case may kindly be granted.”

4. Heard learned advocate Mr.S.P. Majmudar for the petitioners, learned advocate Mr.Biju A. Nair for respondent No.1 and learned ASG Mr.Devang Vyas for respondent No.2.

5. Learned advocate Mr.S.P. Majmudar referred the averments made in this petition and, thereafter, submitted that it is a case of the respondent Bank that financial facilities were provided to the petitioner No.1 Company. At the time of availing said facilities, Title Deeds of various properties were deposited with the respondent Bank. It is submitted that the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act” for short) were initiated against the petitioners and the respondent Bank took symbolic possession of the secured assets on 06.04.2018. The petitioners challenged the entire action taken by the respondent Bank by preferring Securitisation Application being SA/154/2018 under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal-II, Ahmedabad. It is submitted that in the present petition, dispute is with regard to the property bearing Block Nos.342, 424, 425 and 428 situated near Sterling Gelatin, Village Dudhwada, Taluka Padra, District Vadodara. It is further submitted that the respondent Bank has filed an application under Section 14 of the SARFAESI Act for taking illegal possession of the alleged secured assets before the District Magistrate, Vadodara, which was allowed vide order dated 03.03.2020. The petitioner challenged the said order by preferring amendment application being IA/1133/2020 in pending SA/154/2018. Thereafter, the Mamlatdar has taken physical possession of the property. It is submitted that thereafter, the respondent Bank has published E-Auction Sale Notice dated 15.10.2020 in the concerned newspaper whereby the date of a