Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitionersubmitted that the learned District Commission passed an interim impugned order by not taking into consideration the demand notice issued and action taken by the present petitioner U/s 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 ( in short SERFAESI Act) . He further submitted that the interim order passed by the learned District Commission  exparte against the present petitioner held not to proceed with auction/sale/alienate or mortgage or create other type of interest over the suit property. He submitted that in this  case  action was taken by the petitioner  under section 13(2) of SERFAESI Act,2002. He relied on the decision passed in Civil Appeal No. 1359 of 2013  in Yashwant G.Ghaisas & ors vrs. Bank of Maharashtra where Their Lordships is of the view that the consumer complaint cannot be considered when they takeaction U/S 13(4) of C.P.Act. He submitted that they have already submitted the written version but the exparte impugned order still continues. Against that the petitioner has filed the present revision petition to set aside the impugned order. So he submitted to interfere with the impugned order and set aside the said order. Considering the submission passed interim impugned order. Para 3 and 4 of the interim  impugned order is as follows:-

                   “xxx                 xxx            xxx

3. On  Perusal of  case record it reveals that the  petitioner has sufficient prima facie and the balance of convenience lies in her favour. If the opp.parties  will notbe restrained to auction/ sale the property, the petitioner will sustain irreparable loss.

4.   However in the fact & circumstances an interim measure the opp.parties are directed not to make auction/ sale/ alinate or mortgage or create other type of interest in favour of others on above khata,plot,area until further order.”

3.      In view of the aforesaid order and fact  that action taken under the SARFAESI Act, 2002 is subject matter, we hereby direct the learned District Commission to hear the matter  on maintainability of the complaint before it proceededwith the interim petition and merit of the case. The matter wouldbe heard on maintainability within 30 days from the date of receipt of this order.  The petitioner is directed to appear before the learned District Commission on 06.04.2023 to receive further instruction from it. Till such time of disposal of petition for maintainability the interim impugned order is stayed. The petitioner is also directed not to take any action against the complainant till disposal of the maintainability petition.

4.      The revision petition is disposed of accordingly.