ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1 Heard Mr.N.V.Gandhi, learned counsel appearing for the applicant.

2 This is an application for leave to appeal filed by the applicant, third party, seeking leave to challenge the order of the Competent Authority dated 03.04.2024, in Civil Miscellaneous Application No. 139 of 2023.

2.1 By the order under challenge, pursuant to the proceedings under The Gujarat Protection of Interest of Depositors (In the Financial Establishment), Act 2003, (for short “GPID Act”), the Designated Court has granted permission to undertake necessary legal procedure under the GPID Act for auctioning of certain properties.

2.2 The auction notice indicates that the properties at serial numbers 28,29 and 30 of the auction notice are sought to be auctioned on 13.06.2024 i.e. today. However, we are informed by the learned Assistant Government Pleader that the auction is now postponed to

19.06.2024.

3 Mr.N.V.Gandhi, learned Counsel for the applicant would submit that the applicant is the owner of the properties, namely, a shop on the ground floor admeasuring 23.10 sq.mtrs of City Survey No. 5644 + 5655 and City Survey tenement No. 0113-63-0031-0002 located in Basement admeasuring 29 sq.mtrs of total 43 Sq.Mtrs of City Survey No. 5645+5646 -B, Raikhad, Ahmedabad and (c) Shop admeasuring 67 Sq.Mtrs out of total admeasuring 73.53.94 sq.mtrs having City Survey No. 5644 + 5655 & D paiky, Raikhad, Ahmedabad. These properties have been purchased by various sale deeds in the year 2018 and the applicant is in no manner connected with the accused under the provisions of the GPID Act.

4 Having considered the submissions made by the learned counsel for the applicant and having perused various sale deeds and the property card, it prima facie appears that the applicant was a subsequent purchaser of the properties, second in line from the accused. These properties are listed at serial numbers 28,29 and 30 of the auction notice dated 08.05.2024.

5 Mr.Adityasinh Jadeja, learned AGP, would submit that Sec.4 of the GPID Act would enable the competent authority to hold auction of properties other than properties which belong to the accused so as to ensure that the depositors who have been duped get their money.

6 Having heard Mr.Gandhi, learned counsel for the applicant and Mr.Adityasinh Jadeja, learned Assistant Government Pleader, Civil Application for Leave to Appeal is allowed in terms of prayer (A) of the application.

Since the auction is to be held on 19.06.2024, the First Appeal as well as the Civil Application for Stay are directed to be registered by the registry and be placed for hearing today itself. Civil Application is allowed, accordingly.

(BIREN VAISHNAV, J)

(NISHA M. THAKORE,J)

BIMAL