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2022 Supreme(Guj) 203

BHARGAV D. KARIA
Shriram Housing Finance Limited – Appellant
Versus
District Magistrate, Bhavnagar – Respondent


Advocate Appeared:
For the Appellant :Gaurav D. Nanavati and Khyati A. Chugh, Advocates.
For the Respondents:Dhawan Jayswal, Advocate.

JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned Advocate Ms. Khyati A. Chug for the petitioner and learned AGP Mr. Dhawan Jayswal for Respondent No. 1. Though served, none appears for Respondent Nos. 2 to 4.

2. Rule. Learned AGP waives service of notice of rule for Respondent No. 1.

3. This is a petition under Article 226 of the Constitution of India seeking following reliefs:

    "18....

A. The Hon'ble Court may be pleased to issue a writ of certiorari or any other appropriate writ, direction or command in the nature of writ of certiorari, quashing and setting aside the order dated 06.08.2021 passed by the Respondent No. 1-the District Magistrate, Bhavnagar in SARFAESI Case No. 12/2021;

B. Pending admission and final hearing of the present petition, the Hon'ble Court be pleased to stay the implementation and execution of the order dated 06.08.2021, passed by Respondent No. 1-the District Magistrate, Bhavnagar in SARFAESI Case No. 12/2021;

C. Ex-parte ad interim relief in terms of Paragraph (B) above be granted;

D...."

4. The petitioner preferred an application along with affidavit of the authorized person of the petitioner before Respondent No. 1-District Magistrate, Bhavnagar, under Section

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