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2024 Supreme(Guj) 217

NIRZAR S. DESAI
URMILADEVI MAHAVIRPRASAD JAIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: PAVAN S. GODIAWALA, FALAK A. SAWLANI.

ORDER :

1. By way of this petition, the petitioner has prayed for issuing a writ of Certiorari and/or any other appropriate writ, order or direction to quash and set aside the order dated 30.08.2023 qua the present petitioners passed by the Debt Recovery Tribunal - I at Ahmedabad in O.A. No. 7 of 2020. The petitioners have also prayed that this Court may by way of appropriate writ, order or direction, hold that there is no valid mortgage over the Properties of the Petitioner no. 1, included in the Schedule I as mentioned in the impugned order dated 30.08.2023.

2. The matter was listed and heard on 26.10.2023 and on that day, following order was passed:

    “Heard learned advocate Mr. Mitul Shelat with learned advocate Mr. Pavan S. Godiawala for the petitioners.

Reserved for orders.”

3. The brief facts giving rise to the present petition are stated as under:

    3.1. According to the petitioners, the revised partnership deed was entered into between the petitioners and respondent no. 5 to carry on the business under the name of Vardhman Enterprise wherein the share of the petitioner no. 1 as partner was having 35% of share of profit/loss, the petitioner no. 2 was partner having 5% of share in pro

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