Gujarat High Court
M/S Hotel Platinum vs Authorised Officer, Piramal Capital ... on 27 October, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/19116/2023 ORDER DATED: 27/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19116 of 2023
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M/S HOTEL PLATINUM
Versus
AUTHORISED OFFICER, PIRAMAL CAPITAL AND HOUSING FINANCE
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Appearance:
MR.ADITYA J PANDYA(6991) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/10/2023
ORAL ORDER
1. Heard learned advocate Mr. Aditya J. Pandya for the petitioners and learned advocate Mr. Harshil Patel for learned advocate Mr. Lalit Patel for respondent bank.
2. By way of this petition, the petitioners have prayed for the following reliefs:-
"(A) YOUR LORDSHIP be pleased to issue writ of Certiorari or Mandamus or any other writ order or direction in the nature of Certiorari or Mandamus and be pleased to restrain the Respondents from taking any Securitisation Actions till the adjudication of Securitisation Appeal pending before the ld. Debt Recovery Appellate Tribunal, Mumbai.
(B) During the pendency and till final disposal of this present petition, YOUR LORDSHIP be further pleased restrain the Respondents from taking any Securitisation Actions qua the properties of the petitioners and Respondent No.2 be directed not to take physical possession of the property till adjudication of Securitisation Appeal pending before the ld. Debt Recovery Appellate Tribunal, Mumbai.Page 1 of 4 Downloaded on : Fri Oct 27 20:52:44 IST 2023
NEUTRAL CITATION C/SCA/19116/2023 ORDER DATED: 27/10/2023 undefined (C) YOUR LORDSHIP be pleased to grant any other just and proper remedy in the interest of justice."
3. It is submitted by learned advocate Mr. Aditya Pandya that the petitioners have already challenged the order of DRT dated 23.10.2023 passed in S.A. No.280 of 2023 by way of preferring an appeal before DRAT, Mumbai. He states that as the respondents are coming for taking possession of the property i.e. a running hotel on 29.10.2023, looking to the urgency, the petitioner alongwith an application for waiver of predeposit tried to see that the appeal preferred by the petitioner alongwith the application for stay is listed before the DRAT, Mumbai for appropriate orders. However, DRAT, Mumbai was not available.
4. Due to non availability of DRAT, Mumbai, the petitioners even tried to approach DRAT, Chennai which was having charge of DRT, Mumbai to take up urgent matters. However, DRAT, Chennai was also on leave, and therefore, the petitioners were constrained to prefer this petition to protect the possession of a running hotel.
5. Learned advocate Mr. Aditya Pandya appearing for Page 2 of 4 Downloaded on : Fri Oct 27 20:52:44 IST 2023 NEUTRAL CITATION C/SCA/19116/2023 ORDER DATED: 27/10/2023 undefined the petitioners states that the petitioners limited prayer is that till the petitioners application for waiver is heard and appropriate order in respect of relief prayed by the petitioner is heard by DRAT, Mumbai, the petitioners possession may be protected.
6. Learned advocate Mr. Harshil Patel appearing for learned advocate Mr. Lalit Patel who has instructions to appear on behalf of respondent No.1 states that there cannot be any dispute about non availability of DRAT either at Mumbai or at Chennai. However, considering the fact that the property in question is a secured asset for which the order has already been passed by DRT, Ahmedabad against the present petitioners, and therefore, the petitioners, though have approached DRAT, DRAT Mumbai may be directed to hear and decide the application preferred by the petitioner at the earliest to till the balance between the parties.
7. In view of above, the following directions are issued:-
DRAT, Mumbai is directed to hear the petitioners application for waiver as well as for stay and pass some order at the earliest preferably latest by 20.11.2023. Till Page 3 of 4 Downloaded on : Fri Oct 27 20:52:44 IST 2023 NEUTRAL CITATION C/SCA/19116/2023 ORDER DATED: 27/10/2023 undefined the first order is passed by DRAT, Mumbai in an appeal preferred by the petitioners, the respondents are restrained from taking possession of the secure asset i.e. hotel Platinum situated at Kawachok, Junagad.
The aforesaid relief granted, shall be subject to any further order that may be passed by DRAT, Mumbai.
Above directions issued by this Court without entering into the merits of the matter and purely on the basis of an undisputed submission that despite the petitioners having approached DRAT, Mumbai due to non availability of DRAT, Mumbai and DRAT, Chennai, the appeal preferred by the petitioners could not be heard by DRT, and therefore, just to ensure that the petitioners may not remain remedyless, the aforesaid directions are issued.
8. With the aforesaid direction without entering into the merits of the matter, the petition is disposed of.
Direct service today is permitted.
(NIRZAR S. DESAI,J) Manoj Kumar Rai Page 4 of 4 Downloaded on : Fri Oct 27 20:52:44 IST 2023