Gujarat High Court
Anita Jitendrakumar Jethani vs Peagasus Assets Reconstruction Pvt. ... on 29 September, 2022
Author: N.V.Anjaria
Bench: N.V.Anjaria, Bhargav D. Karia
C/SCA/8401/2022 ORDER DATED: 29/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8401 of 2022
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ANITA JITENDRAKUMAR JETHANI
Versus
PEAGASUS ASSETS RECONSTRUCTION PVT. LTD.
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Appearance:
MR DA SANKHESARA(5955) for the Petitioner(s) No. 1
GARGI R VYAS(7983) for the Respondent(s) No. 9
MR ANIP A GANDHI(2268) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
RITESH D PATADIA(6460) for the Respondent(s) No.
3,4,5,6,7,8
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 29/09/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Learned advocate Mr. Dhaval Vyas appears for learned advocate Mr. D.A. Sankhesara for the petitioner, learned advocate Mr. Anip Gandhi for respondent no.1 and learned advocate Mr. Arjun Joshi for respondent no.9.
2. What was prayed in this petition was to set aside the order dated 05.03.2002 passed by the Recovery Officer, DRT-I, Ahmedabad in Recovery Proceedings No. 660 of 2018. It was further prayed to set aside the order dated 07.04.2022 passed by the Recovery Officer, DRT-I, Ahmedabad in the same recovery proceeding.
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3. Notice was issued by this Court on 28.04.2022. By order dated 02.05.2022, following order was passed, extracted is the relevant portion, "Since the Debts Recovery Tribunal No.1, Ahmedabad, is not available, we pass the following order:-
[a] Till the next date of hearing, the appellant shall not be dispossessed, if the appellant is in possession of the property in question. Except above, no other order is passed at this stage."
3.1 While it is clear from the aforesaid order dated 02.05.2022 and as also fairly submitted by the learned advocate appearing for the parties, the petition was filed invoking jurisdiction of this Court under Article 226 of the Constitution, since at the relevant point of time, DRT-I, Ahmedabad, was not available.
3.2 The petitioner has already preferred appeal before the appellant tribunal. However, due to non-
availability of the tribunal, the appeal has remained without any progress. In other words, the orders challenged in this petition are already subject matter of challenge before the appellate forum.
4. The parties through their advocates state that now the DRT is available and has been functional, therefore, on that ground alone, this petition is not required to be entertained, relegating the petitioner Page 2 of 3 Downloaded on : Fri Sep 30 20:40:14 IST 2022 C/SCA/8401/2022 ORDER DATED: 29/09/2022 to challenge the orders impugned in the petition before the Tribunal.
4.1 At this stage, learned advocate for the petitioner submitted that that appeal was already preferred, however, till the Tribunal lists the appeal for hearing, the interim order passed on 02.05.2022 may be continued.
5. Since the interim relief granted by the Court has continued till date, the request to extend the same is reasonable.
6. Therefore, without entering in to the merits of the case, while disposing of the petition on the aforesaid ground, it is directed that the interim relief granted on 02.05.2022 that the petitioner shall not be dispossessed, if the petitioner happens to be in possession of the property in question, shall continue to operate upto 17.10.2022 within which time the petitioner-appellant shall request the appellate tribunal to list the appeal. It shall be open for the petitioner to file application to seek/continue relief before the Tribunal.
7. The petition is accordingly disposed of.
(N.V.ANJARIA, J) (BHARGAV D. KARIA, J) BIJOY B. PILLAI Page 3 of 3 Downloaded on : Fri Sep 30 20:40:14 IST 2022