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2021 Supreme(Guj) 1251

ASHUTOSH J. SHASTRI
KEVIN YOGESHKUMAR ALENDRY – Appellant
Versus
COLLECTOR AND DISTRICT MAGISTRATE – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.S. ASTHAVADI.

ORDER :

1. Present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:

    “(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ order and direction quashing and setting aside and impugned order dated 21.01.2021 passed by the Collector and District Magistrate Panchmahal in SARFAESI/Case No. 25 of 2020 (Annexure-A).

(B) During pendency and final hearing this petition, Your Lordship may be pleased to stay the execution and implementation of impugned order dated 21.01.2021 passed by the Collector and District Magistrate Panchmahal.

(C)...............

(D)...............”

2. For essentially challenging the decision dated 21.1.2021 passed by the respondent Collector and District Magistrate, Panchmahal, the petitioners have raised three fold submissions at the outset. Aggrieved by the order, learned advocate for the petitioner Mr. Asthavadi has submitted that the order in question is passed without granting any opportunity to the petitioners. The said order is a non-speaking order and has further asserted that no dues are outstanding, still the bank submitted an application, upon which, an ord

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