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2017 DIGILAW 592 (GUJ)

Rangpara Sureshbhai Thakarshibhai v. Kalubhai Raghavbhai Patel

2017-03-15

N.V.ANJARIA

body2017
ORDER : N.V. Anjaria, J. 1. The application comes up upon a note for 'Speaking to Minutes' filed by learned Advocate for the applicant. 2. It was pointed out that in the penultimate line of Para 5 of the order dated 9.3.2017, due to error of transcription, the date 13.3.2017' is wrongly mentioned which ought to have been 30.3.2017', upto which date the interim relief granted in para 6.2 of order dated 15.2.2017 was extended. 3. In view of the above error of transcription, which was rightly pointed out, in the penultimate line of Para-5, the date 13.3.2017' shall be substituted and corrected as 30.3.2017' and the order shall be read duly corrected, as above. 4. The interim relief stands extended to 30.3.2017. 5. The note for 'Speaking to Minutes' is allowed and disposed of. ORDER Dated 9.3.2017. 6. This application is filed for extension of interim relief which was granted as per order dated 15.2.2017 while disposing of Special Civil Application No. 179 of 2017, whereby the petitioners were relegated to the remedy of appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal. 7. The Court observed in paragraph 6.2 of the order that the interim relief already granted, of not taking coercive steps shall continue till 10.3.2017. 8. In the present application, the following is submitted to pray for extension of the relief, "....in compliance of the above referred direction issued by this Hon'ble Court the applicant herein has filed the appeal under Section 17 of the Act before the Debts Recovery Tribunal. The appeal filed by the applicant is registered as Appeal No. 388/2017 on presentation of the appeal the applicant is called upon to produce the translated copy of the documents filed along with the appeal and the appeal filed by the applicant is not taken for hearing. It is respectfully submitted that the applicant is in process of translating the documents but considering the numbers of documents it would take some time to submit the translated copies of the documents. Therefore, the applicant has requested the authority to hear the matter on merits but it was kept in objection. It is respectfully submitted that the applicant is in process of translating the documents but considering the numbers of documents it would take some time to submit the translated copies of the documents. Therefore, the applicant has requested the authority to hear the matter on merits but it was kept in objection. ....the relief granted by this Hon'ble Court is continued up to 10.3.2017 and therefore, if the relief is granted by this Hon'ble Court is not extended the applicant will put to great hardship. It is respectfully submitted that if the relief granted by this Hon'ble Court is not extended than the opponents will take over the possession of the property from the applicant and the appeal filed by the applicant would become in-fructuous." 9. Considered the averments in the application and further took into account the submissions of learned Advocate Mr. Viral Shah and learned Advocate Mr. G.M. Joshi. 10. In the facts and circumstances of the case and having regard to the genuineness of the reason as pleaded above, the direction regarding interim relief given in Paragraph 6.2 of order dated 15.2.2017 in Special Civil Application No. 179 of 2017 deserves to be extended and it is directed that the same shall stand extended upto 13. 3.2017. Rest of the order and directions shall remain as it is. 11. Application is allowed and disposed of.