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2021 Supreme(Online)(Guj) 1266

HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
NARENDRA JAYANTILAL TRIVEDI – Appellant
Versus
KOTAK MAHINDRA BANK – Respondent


Advocates:
For the Appellants/Petitioners: RITESH D PATADIA
For the Respondents:MR PERCY KAVINA, SENIOR ADVOCATE, MS NALINI S LODHA

JUDGEMENT

1. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

    “A) YOUR LORDSHIP may admit and allow this Special Civil Application.
    B) Your Lordships may be pleased to issue writ of mandamus and be pleased to direct the respondent bank not to proceed under the SARFEASI ACT further till they comply with the order passed by the Recovery officer dated 15-7-2016 in R.P No 360 at Annexure-K to this petition.
    C) Your Lordships may be pleased to issue a Writ of certiorari or any other appropriate writ, order or direction quashing and setting- aside the order dated 04-02-2017 passed by the Hon,ble Chief Metropolitan Magistrate, Ahmedabad as annexed hereinabove as Annexure-A to this petition;
    D) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting- aside the order dated 21-1-2017 passed by the Hon'ble Debt Recovery Tribunal, Ahmedabad as annexed hereinabove as Annexure-B to this petition.
    E) Be pleased to declare that the order passed dated 21-1-2017 by the Hon'ble Debt Reco














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