issue an appropriate writ,
order, holding and declaring that, functioning and all acts, orders of
DRT-II, Ahmedabad after 11.05.2010 under administrative control of
Ministry ... unconstitutional common
order against petitioner dt 17.09.2010, passed by unconstitutionaly
functioning, DRT-II, Ahmedabad, annexed hereto as Annexure-C.
(c) Be pleased to reinstitute
parties
that the Presiding Officer has been appointed in DRT-I and
the Tribunal is functional. By an order dated 02.02.2022,
a Coordinate Bench ... DRT-I is not available and the Securitisation Application
No.58 of 2021 is pending for adjudication.
Now since the DRT-I is functional
main grievance of the petitioners in this
petition is that since the DRT is not working, they
left with no alternative remedy and therefore, this ... inform Registrar, DRT to
remain present on the next date with his report as to
whether the DRT is functioning
Shalin Mehta, learned Senior Advocate has stated
that since DRT is not functioning in view of the Covid19
pandemic, it may not be possible ... stated earlier
by way of an undertaking since the proceedings
before the DRT are not likely to be conducted.
5. It is open
aside the order dated 07.04.2022 passed by the
Recovery Officer, DRT-I, Ahmedabad in the same
recovery proceeding.
Page 1 of 3
Downloaded ... 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
Shalin Mehta, learned Senior Advocate
has stated that since DRT is not functioning
in view of the Covid19 pandemic, it may not
be possible ... stated earlier by way of an undertaking
since the proceedings before the DRT are not
likely to be conducted.
5. It is open
DEVANG VYAS, ASG for the DRT
================================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 14/03/2023
ORAL ORDER
Pursuant to the order dated ... This Court is apprised of the Draft SOP
prescribing the functioning of the DRT.
At the outset, learned Senior Advocate Mr.Percy Kavina, on
instructions
fact that it was informed that the
matter pertains to DRT-I and the DRT-I is not
available.
3. It appears that after issuance ... respondent submitted that the issue pertains to
DRT-II and the DRT-II is functioning.
4. Ms.Shaikh, learned advocate on instructions
submitted that
This petition is filed essentially on the
grounds that the DRT is not functioning due to
present COVID-19 situation.
Today, Mr.D.B.Kansana ... made a statement that the DRT is now-a-days full
fledged functioning.
Under the circumstances, this petition is not
maintainable. Petition accordingly stands disposed
fixing matter on 23/12/2019
before learned R.O., DRT2, Ahmedabad.
(iv) The defendants No.1 to 6 are
hereby restrained by means ... body of judgment.
The applicant Bank may file appropriate
application before authorities
functioning under IBC Code about
recourse to be adopted for assets of
Defendant
