K S Food vs Yes Bank Limited

Nirzar S. Desai, J

By way of this petition, the petitioner has prayed for the following reliefs :-

"(A) Your Lordships be pleased to issue writ of prohibition and/or a writ of certiorari and/or a writ of mandamus or a writ in the nature of prohibition or ceriorari or mandamus or any other appropriate writ, order or direction to the Ld. Debt Recovery Tribunal-I, Ahmedabad to decide the SA Application No.336 of 2022 within stipulated period of time.

(B) This Hon'ble Court may be pleased to directed the respondents to handover the peaceful possession of the property of the petitioner being Residential property being Flat No. B/9, Third Floor with Super Build up area of 999 Sq. Meter, Swapnil Apartment bearing survey no. 469/2 and 469/3 in Town Planning Scheme No.28, Final Plot No. 332, mouje - Vadaj of Ahmedabad City; and accept the amount of demand notice issued by the respondent no.1;

(C) Your Lordships may grant such further and other reliefs as may be deemed fit and proper and as the facts and circumstances of the case require."

At the outset, learned advocate Mr. Sudhanshu A. Jha appearing for the petitioners states that under instructions of the petitioners, he does not press for prayer 13(B) and in view of that he states that the only relief that he seeking is to direct the Debt Recovery Tribunal-I, Ahmedabad to decide the Securitisation Application No.336 of 2022 within a stipulated period of time.

Learned advocate Mr. Lalit M. Patel appearing for the respondent - Bank states that he does not have any objection if any such directions is issued as the bank is also interested in speedy disposal of Securitisation Application No.336 of 2022.

In view of innocuous prayer prayed for by the petitioner, without entering into the facts of the matter and without even considering the matter on merit, the Debt Recovery Tribunal-I, Ahmedabad, is directed to hear and decide Securitisation Application No.336 of 2022 as early as possible subject to the co-operation by advocates for both the sides.

With the aforesaid direction, the present petition stands disposed of.

It is clarified that this Court has not gone into merits of the matter.