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2022 Supreme(Online)(Guj) 12381
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14463 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 14463 of 2019 ==========================================================
MAHENDRASINGH KHUSHALSINH BHATI Versus STATE BANK OF INDIA ==========================================================
Appearance:
MR SI NANAVATI, SR. ADVOCATE with MR VANDAN K BAXI(5863) for the Petitioner(s) No. 1 for the Respondent(s) No. 4 DELETED for the Respondent(s) No. 10,11,5,7,9 MR DEEPAK M SHAH(746) for the Respondent(s) No. 3,4.1,4.2,4.3,6,8 MR PRANAV G DESAI(290) for the Respondent(s) No. 1 MR RAJAN D SHAH(3101) for the Respondent(s) No. 3,4.1,4.2,4.3,6,8 MR SAURABH M PATEL(5019) for the Respondent(s) No. 2 ==========================================================
CORAM:H ONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 10/03/2022
['VANDAN K BAXI', 'PRANAV G DESAI', 'SAURABH M PATEL', 'DEEPAK M SHAH', '', 'DELETED']
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
[1.0] By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:
“(A) Issue a Writ of Mandamus and/or any other appropriate Writ in nature of Certiorari to quash and set aside the impugned Judgement dated 20.10.2015 at Exh.84 and the Recovery Certificate dated 20.10.2015 issued thereunder (Annexure “A” (Colly.) hereto) passed in Original Application No.98 of 2002 and also call for the records of the proceedings being Original Application No.98 of 2002 along with Recovery Certificate No.397/2015 instituted by Respondent No.1 Bank pending before the Ld. Debts Recovery Tribunal at Ahmedabad qua the Petitioner only;
(B) Pending hearing and final disposal of the Petition, this Hon’ble Court may be pleased to stay the execution, implementation and operation of the impugned Judgement dated 20.10.2015 at Exh.84 and the Recovery Certificate dated 20.10.2015 issued thereunder (Annexure “A” (Colly.) hereto) passed in Original Application No.98 of 2002 and further consequential action including Recovery Certificate No.397/2015 instituted by Respondent No.1 Bank qua the Petitioner only;”
[2.0] In view of the fact that alternative remedy is available by way of filing an appeal before the Debts Recovery Appellate Tribunal, Mumbai and the Appellate Authority is now constituted, present petition is disposed of with following directions.
1. The petitioner shall be at liberty to challenge the impugned Judgement dated 20.10.2015 before the Appellate Authority i.e. Debts Recovery Appellate Tribunal, Mumbai within a period of six weeks hereinafter. 2. Till then, it would be open for the petitioner to request the Debts Recovery Appellate Tribunal / Authority for an adjournment in connection with second/subsequent proceeding initiated by way of appeal for staying the execution and implementation of the impugned Judgement dated 20.10.2015.
3. During the pendency of the appeal, the petitioner may also request for stay of other proceedings which shall be decided by the Appellate Authority without being influenced by any orders passed by this Court.
[3.0] With above directions, present petition is disposed of. It is made clear that this Court has not examined the merits of the present petition. Notice is discharged.
In view of disposal of petition, no order is passed in Civil Application (For Stay) and same is disposed of accordingly.
(A.J. DESAI, J.)
(ANIRUDDHA P. MAYEE, J.)
Ajay
