JUDGMENT :

(Nikhil S. Kariel, J.)

1. Heard learned senor advocate Mr. Dhaval Dave appearing with learned advocate Mr. Virendra Gohil on behalf of the petitioner, learned advocate Mr. Vinay Bairagar appearing for learned advocate Ms. Himani Kini for respondent nos. 1, 2 and 3 and learned senior advocate Mr. Asim Pandya appearing with learned advocate Mr. Prerak Oza on behalf of respondent nos. 4 to 9.

2. By way of this petition, the petitioner has prayed for the following reliefs:-

“(A) Your Lordship may be pleased to admit and allow this petition;

(B) This Hon'ble Court may be pleased to issue Writ of Certiorari or Writ in Nature of Certiorari or any other appropriate Writ, order or direction by quashing and setting aside the order dated 21/04/2023 passed in S.A.No.155 of 2020 by the Hon'ble Presiding Officer D.R.T.-II Ahmedabad,at Annexure-A to this petition in the interest of justice;

(C) This Hon'ble Court may be pleased to issue Writ of Mandamus or Writ in Nature of Mandamus or any other appropriate Writ, order or direction by directing the Respondent no.1 Bank to immediately execute and register Sale deed in favor of the petitioner in respect of property being Survey no. 24 P-3/P-2 Rajpar Road Morbi at Khanpar Taluka Morbi District Morbi admeasuring about 8094 sq.mtr. in the interest of justice;

(D) Pending admission, hearing and final disposal of this petition, Hon'ble Court may be pleased to stay the implementation, execution and operation of order dated 21/04/2023 passed in S.A.No.155 of 2020 by the Hon'ble Presiding Officer D.R.T.-II Ahmedabad at Annexure-A to this petition in the interest of justice;

(E) Pending admission, hearing and final disposal of this petition, Hon'ble Court may be pleased to stay further proceedings of IA no. 1370 of 2022 and SA No. 155 of 2020 in the interest of justice;

(F) This Hon'ble Court may be pleased to direct the Respondent no.1 Bank to refund the TDS amount of 1.00% of Sale Consideration amounting to Rs.1,56,410/- which is already deposited by the Petitioner. This amount was inadvertently paid to the Bank and which had remained to be deducted from the Sale Consideration at the same was otherwise fully paid being a sum of Rs.1,56,41,000/-.

(G) This Hon'ble Court may be pleased to direct the Respondents to award exemplary costs to the petitioner;

(H) This Hon'ble Court may be pleased to pass such other and further orders as may be considered fit and proper in the interest of justice.”

2.1. At this stage, it would be apposite to note that the petitioner, in addition to challenging an order dated 21.04.2023 passed in Securitisation Application No. 155 of 2020 by the learned Debt Recovery Tribunal, had also sought a prayer against the respondent no.1 – bank to execute a registered sale deed in favour of the present applicant. Such prayer being in the context of the submission that the applicant was the successful auction purchaser of a property belonging to the private respondents herein, of which, the possession had been taken of and auction had been conducted by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Securitisation Act’).

2.2. It would appear that the respondent bank vide their reply dated 17.06.2023 have submitted that the registered sale deed of the auctioned property purchased by the petitioner has been executed and registered with the office of the Sub-Regis