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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 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.

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 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.