1. When the petition is called out and taken up for hearing, learned advocate for the petitioner is not present.
2. However, learned advocate Ms.Archana Patel is present for learned advocate Mr.Gohil for the petitioner.
3. Yesterday request for urgent circulation of the petition was made. Actually request was made for circulation of the petition for admission hearing for the same day i.e. yesterday. However, since the petition was actually not filed but was in process of being filed, permission for circulation for today was granted. The request for urgent circulation was made on the ground that the respondent bank is going to take over possession of petitioner's residential flat.
4. Therefore, though the Court ordinarily does not entertain any petition against the action taken by financial institution under Section-13(4) of the Securitisation Act and/or under the provisions of Recovery of Debts due to Bank and Financial Institutions Act, 1993, upon considering the urgency and submissions made by learned advocate for the petitioners particularly the submission that learned member of the Tribunal is not available and that therefore, the application under Section-17 even if filed, will not be heard, request was accepted and accordingly the petition is circulated for today.
5. As mentioned above, when the petition is called out and taken up for hearing, learned advocate for the petitioner is not present .
6. Under the circumstances, present petition is not entertained at this stage only on the ground of availability of alternative remedy by way of proceedings under Section-17 before the learned Debt Recovery Tribunal (DRT). The reason for urgency expressed by the petitioner would now not survive since when the petition is called out and taken up for hearing, the hearing is not attended today. Accordingly the petition stands disposed of.
(K.M.THAKER, J.) (ila) Top