IDFC FIRST BANK LTD Vs. DHARMENDRA POPATLAL PATEL

JUDGEMENT

(1.) We have heard Shri R.S.Sanjanwala, learned Senior Counsel assisted by Shri Lalit Patel, learned counsel appearing for the appellant and Mr.Mahesh Bhavsar, learned counsel appearing for the respondent.

(2.) This intra-court appeal is directed against the judgment and order dated 03/4/8/2023 passed by the learned Single Judge allowing the writ petition in the following manner :-

(3.) The appellant bank, the Secured Creditor (hereinafter referred to as 'Secured Creditor') seeks to challenge the order passed by the learned Single Judge on the premise that the borrowers, namely respondent Nos.1 and 2 are habitual defaulters and no indulgence could have been granted to them on the reasoning given in the judgment impugned.