C/SCA/11372/2025 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11372 of 2025 ========================================================== VIJAY UPAL Versus STATE BANK OF INDIA & ORS. ========================================================== Appearance: MR A S VAKIL FOR MS AB CHATURVEDI(5419) for the Petitioner(s) No. 1 MR CZ SANKHLA(3243) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE R. T. VACHHANI Date : 12/08/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. RULE. Learned Advocate Mr.Sankhla appearing for the respondent - SBI waives service of notice of rule. Considering the issue involved in the matter and with the consent of the parties, the present writ petition is taken up for final disposal today. 2. Learned Advocate Mr.Sankhla appearing for the respondent - SBI, while referring to the contents of paragraph No.1 of the petition wherein it is incorporated that the Presiding Officer of the DRT-1, Ahmedabad is not available and on leave and the In-charge DRT is located at Mumbai, he has submitted that the respondent - SBI will not press for hearing before the Recovery Officer. It is further submitted that the Appeal (Diary) No.628 of 2025 filed by the present petitioner before the DRT-1, Ahmedabad is under objection stage and when the DRT-1, Ahmedabad resumes i.e. on 18/08/2025, the petitioner can always request the DRT-1, Ahmedabad to take up the appeal for hearing. Page 1 of 2 C/SCA/11372/2025 ORDER DATED: 12/08/2025 3. At this stage, learned advocate Mr.A S Vakil for Mr.Chaturvedi, learned advocate appearing for the petitioner has submitted that if the proceedings before the Recovery Officer are not stayed, it will cause great prejudice to him as the original proceedings are filed against a dead person i.e. Shri Ved Prakash, who has passed away on 28/02/2006. 4. Under the circumstances, without entering into the merits of the matter and since the non-availability of the Presiding Officer of the DRT-1, Ahmedabad, the petitioner is claiming relief for the intervening period, we intend to pass the order at this stage. 5. In view of the statement made by learned Advocate Mr.Sankhla appearing for the respondent - SBI and in light of the fact that the Presiding Officer of the DRT-1, Ahmedabad is not available, the parties are directed to maintain status quo till the DRT-1, Ahmedabad hears the proceedings being Appeal (Diary) No.628 of 2025. The impugned order dated 18/07/2025 is also stayed. It will be open for the respective parties to cooperate with the circulation, hearing and disposal of Appeal (Diary) No.628 of 2025. 6. With the aforesaid directions and observations, the present writ petition stands disposed of. (A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura/PC-1 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 13/08/2025 14:26:55