STATE BANK OF INDIA Vs. DHARMESH JETHANAND LOHANA

JUDGEMENT

(1.) By way of present writ-applicant the writ-applicant herein has challenged the order dtd. 23/3/2023 which is an interim order passed by the RERA authority in the Complaint No.CMP/ A/ONLINE/VADODARA/14072022/00066 (Annex.E).

(2.) Heard Mr. Dhruvkumar S. Chauhan, the learned advocate appearing for the writ-applicant Bank. Mr. Chauhan, the learned advocate submitted that the order impugned is passed without jurisdiction wherein the writ-applicant herein has invoked the action under the SARFAESI Act is directed to be stayed and the writ-applicant herein is prejudiced by the same.

(3.) Mr. D. M. Devnani, the learned advocate appearing for the respondent No.3 - Authority candidly submitted that the order impugned which is subject matter of challenge in the present writ-application is an interim order, which is passed by the competent authority pursuant to the complaint filed by the original allottee - respondent No.1 herein and the dispute at large is before the competent authority. It was submitted that the writ-applicant herein be permitted to take preliminary objection with regard to jurisdiction when the complaint being No.CMP/A/ONLINE/VADODARA/14072022/ 00066 (Annex.E) is taken up for hearing by the Tribunal.