Gujarat High Court
Bank Of India vs Pravin Muljibhai Shah on 13 October, 2011
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL No 580 of 2001
in
SPECIAL CIVIL APPLICATION No 1315 of 2001
with
CIVIL APPLICATION No 6891 of 2001
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BANK OF INDIA
Versus
PRAVIN MULJIBHAI SHAH
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Appearance:
MR JT TRIVEDI with MR BJ TRIVEDI for Appellant
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CORAM : CHIEF JUSTICE MR DM DHARMADHIKARI
and
MR.JUSTICE K.R.VYAS
Date of Order: 06/07/2001
ORAL ORDER
(Per : MR JUSTICE K.R.VYAS) #. The Presiding Officer, Debt Recovery Tribunal, Ahmedabad, on 8.2.2001, adjourned the hearing of the Civil Misc. Application No.4 of 2001 filed by present respondents to 27.2.2001 with a view to enable the advocate for the applicants therein to file rejoinder to the affidavit-in-reply filed by the Bank. He also passed interim order restraining the Recovery Officer from taking coercive steps, like selling the property etc., against original respondents No.4 and 5 (present respondents No.1 & 2), who are the guarantors. This order was challenged by the Bank before this Court by filing Special Civil Application No.1315 of 2001. The learned Single Judge, by his order dated 26.2.2001, rejected the petition summarily only on the ground that since the matter was pending before the Tribunal, no interference is called for. Hence this Letters Patent Appeal.
#. The learned counsel for the appellant submits that the Tribunal has committed serious error of law by granting exparte interim relief in favour of respondents No.1 and 2.
#. Since the order of the Tribunal is interlocutory exparte order and since the Tribunal is seized of the matter, we refrain from expressing any opinion on the merits of the matter at this stage. However, it is expected that the learned Tribunal will hear and decide the application itself as expeditiously as possible. The Letters Patent Appeal is dismissed subject to aforesaid directions.
#. The learned counsel for the appellant after dictation of this order submitted that he may be permitted to withdraw this Appeal and the Tribunal be directed to dispose of the application within a time bound programme of two months. We do not find any merits in this prayer and the same is rejected.
#. In view of the fact that Appeal itself is disposed of, no order is required on Civil Application. The Civil Application is dismissed.
(D.M.Dharmadhikari, C.J.) (K.R.Vyas, J.) (sunil)