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Judgment
Present as under:
Mr. Prashant Pandit along with Mr. Jay Pandit, Counsel for Appellants/Borrowers.
Mr. Parth Brahmbhatt, Counsel for Respondent Bank.
The Learned Counsel for the Respondent Bank would submit that this is the appeal against the interim order dated 02.01.2026 and 04.04.2026 assailed by the Appellants/Borrowers. He would further submit that the Securitization Application, out of which the present Appeal arises, is now at the final stage of hearing and is listed on 29.09.2026 for final hearing. He would further submit that the present Appeal may be disposed of with a direction to the Learned DRT-II, Ahmedabad to decide the issue afresh, de-novo, at the stage of final hearing of the Securitization Application.
The Learned Counsel for the Appellant/Borrower would submit that he has no objection to the aforesaid course, provided that the interim protection granted herein against dispossession continues till the final disposal of Securitization Application No. 371/2025.
In reply, the Learned Counsel for the Respondent/Bank would submit that he has no objection to the same, as the Securitization Application is already at the final stage of hearing.
The Misc. Appeal No. 103/2026 is disposed of accordingly,
The Learned DRT-II, Ahmedabad is requested to decide the issue involved in the interim order dated 02.01.2026 de-novo along with the final disposal of Securitization Application No. 371/2025.
Meanwhile, the interim protection against dispossession granted in favour of the Appellant/Borrower shall continue till the final disposal of Securitization Application No. 371/2025 by the Learned DRT-II, Ahmedabad.
All pending, I.As. if any, stand dismissed.