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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of Praecipe filed by the Appellant seeking urgent relief.
The Respondent has been served but none appears.
This is an Appeal challenging the proceeding of the learned Presiding Officer D.R.T.-II, Ahmedabad dated 31.12.2022 in Appeal No.17/2022 filed u/s 30 of RDB Act challenging the order of the Recovery officer declining to entertain the claim by the Appellant over the property which is sought to be proceeding against under the recovery proceeding stating that he is the exclusive owner of the property and that the certified debtor who had allegedly provided the security, did not have right over the property.
The learned Presiding Officer was not able to take up the interlocutory application for stalling the process of the auction on the date it came up before him and hence he adjourned the matter on 09.01.2023 for hearing. The Appellant is anxious that if the auction takes place he would lose the property over which he has exclusive rights, and that it would be sold for realising the debts which he is not under obligation to pay.
Considering the urgency in the matter, I hereby direct the learned Presiding Officer D.R.T.-II, Ahmedabad to dispose of the application for interim relief if any, that may be sought with regard to the proceedings in the auction sale as expeditiously as possible and disposed of the matter after hearing on 09.01.2023 itself.
The Misc. Appeal together with the interlocutory applications are disposed of in the above terms.