DHARMENDRA POPATLAL PATEL Vs. IDFC FIRST BANK

JUDGEMENT

(1.) Rule. Learned advocates for the respective parties waive service of rule on behalf of the respective respondents. With the consent of the parties, the matter has been taken for final hearing. 1.1. Heard learned advocate Mr. Mahesh Bhavsar on behalf of the petitioners, learned advocate Ms. Shivani Rajpurohit appearing with learned advocate Mr. Rahul Barot on behalf of respondent no.1 - Bank, learned Assistant Government Pleader Mr. Jay Trivedi on behalf of respondent no.2 and learned advocate Mr. Bhagirath Patel on behalf of respondent no.3.

(2.) By way of this petition, the petitioner challenges an order dtd. 6/1/2023 passed by learned Debt Recovery Appellate Tribunal, Mumbai in Appeal No. 08/2022 whereby an order of the learned Debt Recovery Tribunal dtd. 10/1/2022 is quashed and set aside. It would appear that by way of order dtd. 10/1/2022, the learned DRT has inter alia set aside the sale by private treaty dtd. 28/6/2021 including the sale certificate of the same date issued by respondent no.1 - Bank in favour of respondent no.3 herein and whereas, the said order had been set aside by the learned DRAT more particularly restoring the sale by way of private treaty.

(3.) The facts in brief are narrated as under:-