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2021 Supreme(Guj) 1121

BHARGAV D.KARIA
SUGARWALA TRADELINK PRIVATE LIMITED – Appellant
Versus
AUTHORIZED OFFICER, BANK OF INDIA – Respondent


Advocates Appeared:
For The Appellant : MR ADITYA A GUPTA, MR MOHIT A GUPTA

ORDER :

1. Heard, learned Advocate Mr. Mohit Gupta for the petitioners.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs;

    “25. …

(a) YOUR LORDSHIPS BE PLEASED to pass a writ of certiorari or any appropriate writ, order or direction to quash the impugned order dated 09.11.2021 passed in SA No. 142 of 2021 by the Ld. Presiding Officer, DRT-II at Ahmedabad as Annexure D to this petition in the interest of justice.

(b) YOUR LORDSHIPS BE PLEASED to pass a writ of certiorari or any appropriate writ, order or direction to quash the impugned order dated 17.03.2021 passed by the Ld. Collector which is annexed at Annexure-K as being without jurisdiction, illegal and in breach of the provisions of the SARFAESI Act, in the interest of justice.

(c) YOUR LORDSHIPS BE PLEASED to stay the action of the Respondent bank under the provisions of the SARFAESI Act, 2002 qua the Petitioners including stay of the order dated 17.03.2021 passed by the Ld. Magistrate, Rajkot at Annexure – L (Colly.) and intimation/notice dated 17

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