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Judgment
Bhargav D. Karia, J
Heard learned advocate Mr.D.P.Kinariwala for learned advocate Mr.Nikunj D. Balar for the petitioner.
By this petition, the petitioner has prayed for the following prayers :
"a. Your Lordships may be pleased to admit and allow this petition;
b. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate order or direction, directing the respondent to withdraw the notice of E-auction dated 01.11.2021 and further be pleased to direct the respondent bank to handover the actual possession of the residential premises of the present petitioner and address thereof is shown in the cause title;
c. Pending admission, hearing and final disposal of this petition, be pleased to stay the notice dated 01.11.2021 issued by the respondent bank for the E-auction of the residential premises of the present petitioner;
d. Be pleased to grant any other relief/s as may deem fit proper, in the interest of justice."
It is emerging from the record that the petitioner has already approached the Debt Recovery Tribunal by filing Securitization Application No.33 of 2021 which is pending for adjudication before the Debt Recovery Tribunal-II.
Learned advocate Mr.Kinariwala, upon instructions, submitted that the Debt Recovery Tribunal is not considering the request of the petitioner to grant interim-relief and to any request made by any borrower for installment of the payments and is not granting any interim relief to any borrower in all the Securitization Applications.
However, such statement is without any basis and therefore, this Court is not inclined to accept such bald statement made at the bar.
In such circumstances, if the petitioner makes any application before the Debt Recovery Tribunal, the Debt Recovery Tribunal shall consider the same in accordance with law for granting interim-relief considering the facts of the case as the Tribunal is bound to consider such request in accordance with law.
In view of the above, the petition is dismissed with cost of Rs.5,000/- to be deposited before the Legal Service Authority.