IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 5360 of 2022 ==========================================================

PUNJAB NATIONAL BANK Versus M/S OM CONSTRUCTION THROUGH ITS PARTNERS HASMUKHBHAI P PATEL AND DIPAKKUMAR P PATEL ==========================================================

Appearance:

for the PETITIONER(s) No.

MR. VN. SEVAK(3791) for the PETITIONER(s) No.

MALHAR J PARMAR(10124) for the RESPONDENT(s) No.

NOTICE SERVED for the RESPONDENT(s) No.

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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 09/11/2022

IA ORDER

1.Heard learned advocate Mr. V.N. Sevak for the applicant and learned advocate Mr. Malhar J.

Parmar for the respondent.

2.This application is filed for joining the auction purchaser as party respondent no.3 in the Special Civil Application.

3.Learned advocate Mr. Sevak submitted that the applicant bank has held the auction prior to filing of the petition i.e. on 15.02.2022 wherein one Ashokbhai Shivabhai Patel having address at 102 – Parijat Apartment, St. Xaviers School, Ram Chowk, Ghoddod Road, Suvali, Naranpura, Surat – 395001 has participated and was declared as a successful auction purchaser qua the mortgaged property situated at Shop No.C/4 Ground Floor, Block C, Astha Vihar Flats, B/H. Avsar Party Plot, Modhera road, Village Nagalpur, Mehsana, admeasuring 12.94 sq. mtr constructed on land bearing R.S. No.855. It was submitted that the original borrower has challenged the action of the bank under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and therefore, auction purchaser is a necessary and proper party.

4.Considering the submissions made in the application as well as submissions made by learned advocate for the applicant, this application is allowed.

5.Ashokbhai Shivabhai Patel having address at

102 – Parijat Apartment, St. Xaviers School, Ram Chowk, Ghoddod Road, Suvali, Nanpura, Surat – 395001 is ordered to be joined as party respondent no.3 in Special Civil Application No.5360/2022. Cause title of the Special Civil Application be amended accordingly.

6.Civil Application is disposed of accordingly.

(BHARGAV D. KARIA, J)

RAGHUNATH R NAIR