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Judgment
Nirzar S. Desai, J
By way of this petition, the petitioner has prayed for the following reliefs :-
"a. YOUR LORDSHIPS may allow this writ petition by issuing the writ of Certiorari and/or any other appropriate writ/direction or order and thereby quash and set aside the order dated 18.09.2023 (Annexure "P/1") in IA 2837/2023 in SA 152/2022 passed by Ld. DRT-II, Ahmedabad, as being arbitrary, unjust, unreasonable and discriminatory, in the interest of justice and equity and YOUR LORDSHIP further be pleased to grant reliefs as prayed for in the said IA 2837/2023 in SA 152/2022.
ALTERNATIVELY
b. YOUR LORDSHIPS may allow this writ petition by issuing the writ of mandamus or writ in the nature of mandamus order of direction, directing the Ld. Debts Recovery Court-II, Ahmedabad to hear the SA 152/2022 filed by petitioners on 12.10.2023 finally by petitioners on 12.10.2023 finally and decide the same as expeditiously as possible.
c. Pending hearing and final disposal of the present petition, the respondents be directed to maintain status-quo as on today qua to the property i.e. ALL THAT PIECE AND PARCEL OF THE IMMOVABLE PROPERTY BEING INDUSTRIAL NA LAND ADM. 2388 SQ. MTS. WITH FACTORY BUILDING THEREON, LYING IN PLOT NO.8, SURVEY NO.376/2, ZARI CAUSEWAY ROAD,
VILLAGE KACHIGAM, TA. NANI DAMAN, DIST. DAMAN."
At the outset, it was submitted by learned advocate Mr. Sandip C. Bhatt for the petitioner that the petitioner is fully aware that ordinarily, petition under Article 226 would not be entertained by this Court. However, he states that the property belongs to the petitioner has been put to auction at a much lower price than the actual price that it could have fetched and now the same is sold to auction purchaser and the auction purchaser has started demolishing the property. At this juncture, according to learned advocate Mr. Bhatt, all that he seeks is early hearing of Securitization Application No.152 of 2022 along with connected IAs, if any, by DRT-II, Ahmedabad expeditiously so that in case if the petitioner succeeds in that case, no further equities can be created and the petitioner in the event of his succeeding in the aforesaid SA may actually get the fruits of his success.
In view of that, he prays that the petitioner is not praying for any other relief and confines his prayer only to direct the DRT-II, Ahmedabad to expeditiously decide Securitization Application No.152 of 2022 with connected IAs at the earliest, preferably within a period of 3 months.
Considering the aforesaid innocuous prayer as well as considering the fact that the petitioner's property has already been auctioned and the same has been handed over to successful purchaser, the DRT-II, Ahmedabad is directed to hear and decide Securitization Application No.152 of 2022 with connected IAs, if any, at the earliest, preferably on or before 31.12.2023. It is made clear that this Court has not examined the merits of the matter and the parties may cooperate for expeditious disposal of Securitization Application. DRT-II, Ahmedabad may make all endeavour to see that Securitization Application No.152 of 2022 with connected IAs be heard and decided before 31.12.2023.
With the aforesaid observations and directions, the present petition stands disposed of.