This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner with the following prayer:
"[a] That the Honourable court be pleased to issue appropriate writ directing the Fatehgunj police station and police Commissioner Vadodara to provide police protection to the court receiver for peaceful transfer of possession to the petitioner-auction purchaser on 25.10.2010 in compliance to the order of Debt Recovery tribunal dated 12-8-2009 in RP No.113/2007 in OA 340/2002.
[b] That the Honourable court be pleased to further direct the police authorities by appropriate writ, order or directions to extend full cooperation and protection to the court receiver appointed by the court receiver appointed by Debt recovery tribunal, Ahmedabad in taking over the physical possession of the property in question and handing over the same to the successful auction purchaser".
The prayers made by the petitioner are in the realm of execution of the order passed by the Debt Recovery Tribunal and complete mechanism is provided under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Further, remedy is available with the Debts Recovery Tribunal itself for execution of its order. In view of the above, I am not inclined to exercise jurisdiction under Article 226 or 227 of the Constitution of India.
Accordingly, this petition is dismissed with costs of Rs.10,000/-.
Notice is discharged.
[Anant S. Dave, J.] *pvv Top