RAJUBHAI KANUBHAI BHARWAD Vs. SOUTH INDIAN BANK

JUDGEMENT

(1.) Heard learned Advocate Mr. Chitrajeet Upadhyay with learned Advocate Mr. Kirtan Mistry on behalf of the petitioners, learned Advocate Mr. Narendra Khare with learned Advocate Mr. V.M. Gohil on behalf of respondent no.1 Bank and learned Assistant Government Pleader Mr. Jay Trivedi on behalf of respondent no.2.

(2.) Having regard to the submissions made by learned Advocates and more particularly considering that a Division Bench of this Court vide an order dtd. 11/2/2022 had observed "it is expected from the authority established under the SARFAESI Act that if any application is filed for interim relief, the same shall be dealt with expeditiously." Since it appears that no final decision has been taken by the learned DRT as regards grant or refusal of interim relief and further considering that even before such decision was taken by learned DRT, more particularly the petitioners having complied with the condition of depositing Rs.20.00 lacs as directed by the Division Bench of this Court and Rs.5.00 lacs as directed by the learned DRT vide order dtd. 17/8/2022, in the considered opinion of this Court, without entering into the merits of the matter, ends of justice would be met if the following directions are passed: