Debts Recovery Tribunal-II, Ahmedabad (D.R.T.) wherein the Ld. Presiding Officer declined to protect the appellants and grant any interim relief sought concerning three items of the properties which were intended to be taken possession of tomorrow which are at serial Nos. 9, 13, and 14 in the demand notice issued under Sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short) was sought to be stalled. The appellants had earlier approached with Misc. Appeal No. 59 of 2024 aggrieved by the dismissal of the interlocutory relief sought in the very same S.A. where considering the application for waiver of deposit, the appellants were directed to deposit a sum of ₹4 crores and protection was granted concerning the properties proceeded against. There was a further modification of the order by which protection was limited to properties at serial Nos. 10, 11, and 12 in the demand notice and protection regarding the rest of the items were vacated. The appellants have challenged the order of this Tribunal before the Hon’ble High Court of Gujarat by preferring SCA No. 10883 of 2024 which is still pending. Given the vacating of the order of protection regarding three items of the properties, the appellants once again approached the D.R.T. for an order of protection regarding those excluded items which are now intended to be taken possession. The Ld. Presiding Officer observed that since the appeal from the earlier interlocutory order is still pending before this Tribunal and that there is also a matter pending before the Hon’ble High Court, the judicial proprietary required him to abstain from the proceeding with the hearing of the interim relief and therefore, the
