AMIR TRADERS Vs. AUTHORIZED OFFICER BANK OF BARODA

JUDGEMENT

(1.) Draft amendment tendered by learned Senior Advocate Mr.B.S.Patel is allowed in terms of draft. The same shall be carried out forthwith. The orders, along with the list tendered by learned Advocate Mr. Jaimin R Dave, who appears on caveat on behalf of respondent no.2, are also ordered to be taken on record. 1. Rule. Learned advocates appearing for the respective respondents waive service of notice of rule. The writ petition is taken up for hearing today, since both the learned Advocates have argued at length.

(2.) In the present writ petition, which has been filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashing and setting aside the order dtd. 22/2/2023 passed in IA No.704 of 2022 by the respondent no.3-Debt Recovery Tribunal, Ahmedabad (DRT). Further, a prayer is made seeking a direction from the respondent no.1-Bank to handover the secured asset i.e. the resident bungalow of the petitioners.

(3.) By way of the amended prayer, a further direction is sought against the respondent no.2 not to transfer land, mortgage or transfer possession of the resident bungalow to any third party.