- (1.)Heard, learned Advocate Ms. Harshada Darji for the petitioner and learned Advocate Mr. Tejas Satta for Respondent No.2.
(2.)By this petition under Art. 227 of the Constitution of India, the petitioner has prayed for the following reliefs:
"31. ...

(a) For a declaration that the impugned orders dtd. 29/7/2021 and 5/8/2021 passed by the Ho'ble Debts Recovery Tribunal-II at Ahmedabad on SA No. 22 of 2021, are arbitrary, baseless, patently unfair and contrary to law, and are violative of Articles 14 and 21 of the Constitution of India.

(b) For a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Articles 226 and 227 of the Constitution of India calling for the records of the case in proceeding filed in Securitization Application No. 22 of 2021 and after going into the legality thereof, to quash and / or set aside the impugned orders dtd. 29/7/2021 and 5/8/2021 passed by the Hon'ble Debts Recovery Tribunal - II at Ahmedabad on SA No. 22 of 2021;

(c) Pending the hearing and final disposal of the present petition, for a stay of the confirmation of the sale schedule on 11/8/2021 for auction sale notice dtd. 2/7/2021 is heard and decided by the Debts Recovery Tribunal-II, Ahmedabad.

(d) For ad interim reliefs in terms of prayer clause (c) above

(e) For costs of this petition

(f) ..."

(3.)This Court (Coram: Ms. Sangeeta K. Visher, J.), passed following order on 19/8/2021:
"1. Ms. Harshada K. Darji, learned advocate appearing for the petitioner, submitted that the petitioner is the legal heir of Shri Dharamshibhai N. Gadhiya, the guarantor. It is submitted that the Shri Dharamshibhai N. Gadhiya passed away on 7/9/2017, however, the bank has issued a notice dtd. 2/7/2021 in the name of Shri Dharamshibhai N. Gadhiya. Attention is invited to page no.22A of the captioned petition to substantiate the said contention, which reads to the effect that notice is given to the public in general and in particular to the borrower, i.e., M/s. Pramukh International and mortgagors/guarantors, i.e., Shri Vallabhbhai D. Gadhiya, Shri Nareshbhai D. Gadhiya, Shri Pankajbhai D. Gadhiya, Shri Khimjibhai D. Gadhiya, Shri Dharamshibhai N. Gadhiya, Ms. Ashaben N. Gadhiya, Ms. Kamalaben N. Gadhiya and Ms. Mamtaben N. Gadhiya.

2. It is submitted that the said fact was brought to the notice of the bank, however, the respondent-bank, has not considered the same and simply denied the fact.

3. It is submitted that the petitioner has submitted an application seeking amendment. The Securitization Application No.22 of 2021 was listed for hearing on 29/7/2021 when, the matter came to be further listed for hearing on 5/8/2021. However, on 5/8/2021, the learned Presiding Officer, DRT-II, Ahmedabad concluded the arguments and listed the matter for pronouncement of judgment on 23/8/2021. It is submitted that if the judgment is pronounced, the application of the petitioner, would be rendered infructuos.

4. Shri Dharamshibhai N. Gadhiya, a guarantor has passed away on 7/9/2017 and prima facie it appears that the bank has issued the notice in the name of a dead person.

5. Having regard to the submissions made by the learned advocate for the petitioner, issue notice, returnable on 26/8/2021.

6. Learned Presiding Officer, DRT-II, Ahmedabad has fixed the matter for pronouncement of the judgment on 23/8/2021. It is directed to defer the pronouncement till the next date of hearing.

7. Direct service today, is permitted."