C/SCA/7821/2025 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7821 of 2025 ========================================================== M/S SHREE RAM ENTERPRISE & ORS. Versus AUTHORIZED OFFICER , UNION BANK OF INDIA ========================================================== Appearance: MR DHRUMITSINH D CHAUHAN(11200) for the Petitioner(s) No. 1,10,11,12,13,14,2,3,4,5,6,7,8,9 MR NAYAN D PAREKH(5010) for the Petitioner(s) No. 1,10,11,12,13,14,2,3,4,5,6,7,8,9 MR AS PANESAR(5390) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 13/06/2025 ORAL ORDER 1. By way of present petition under Article 226 of the Constitution of the India, the petitioners have approached this Court with the following reliefs : “(A) YOUR LORDSHIP be pleased to issue writ of Certiorari or Mandamus or any other writ order or direction in the nature of Certiorari or Mandamus and be pleased to restrain the Respondent from taking any Securitisation Actions as well as taking physical possession of properties in question fixed by Court Commissioners Palitana on 14/06/2025 and 15/06/2025 respectively as stated in Annexure-C till the adjudication of Misc. Appeal (D) No. 884 of 2025 in Securitisation Application No.259 of 2025 pending before the ld. Debts Recovery Appellant Tribunal at Mumbai by the LD Chair Person DRAT Chennai. (B) Alternatively this Hon'ble Court be pleased to pass an order granting some indulgence and accommodation to the petitioners so that petitioners in the interregnum period, no coercive steps are taken against the petitioners C/SCA/7821/2025 ORDER DATED: 13/06/2025 till the time Misc. Appeal (D) No. 884 of 2025 adjudication by LD DRAT Mumbai. (C) During the pendency and till final disposal of this petition, YOUR LORDSHIP be pleased to restrain respondent from taking any further Securitisation actions qua the petitioners in view of order Annexure-C. (D) YOUR LORDSHIP be pleased to grant any other just and proper remedy in the interest of justice.” 2. Heard Mr.Nayan D. Parekh learned advocate for the petitioners and Mr.A.s. Panesar learned advocate for the respondent. 3. Mr.Nayan D. Parekh learned advocate for the petitioners, at the outset, submitted that the petitioners have already approached the learned Debt Recovery Appellate Tribunal, Mumbai by filing Misc. Appeal (D) No.884 of 2025 in Securitisation Application No.259 of 2025. He further submitted that however, the charge of learned Debt Recovery Appellate Tribunal, Mumbai, at present, is with the learned Debt Recovery Appellate Tribunal, Chennai. He also submitted that the Appeal although filed online; however, as per the procedure, the physical documents are also required to be filed before the Registry and in that event, some time is likely to be consumed; however, Mr.Parekh learned advocate for the petitioners, in the interregnum period, apprehends that the bank is likely to take possession of the property on or before 15.6.2025. Thus, Mr.Parekh submitted that in that eventuality, if the indulgence is not shown by this Court, the Appeal which is already filed before the Debt Recovery Appellate Tribunal, Mumbai, shall become infructuous. C/SCA/7821/2025 ORDER DATED: 13/06/2025 4. On the other hand, Mr.Panesar learned advocate for the respondent, fairly conceded that keeping in mind the principle of fair play, the bank shall not take the possession of the property of the petitioner till 23.6.2025. However, Mr.Panesar requested that if in the meantime, the petitioners fail to get any order from the Debt Recovery Appellate Tribunal, Chennai, no further indulgence by way of any extension of time, be granted. 5. Request and the approach of Mr.Panesar appears to be reasonable and fair. 6. In view of above, the present petition deserves to be disposed of, without much entering into the merits of the case, with the following directions : (1) The petitioners are hereby directed to approach the Debt Recovery Appellate Tribunal, Chennai as expeditiously as possible by following and complying all the formalities, so that effective hearing of the Appeal may take place by the learned Debt Recovery Appellate Tribunal, Chennai. (2) The said exercise shall have to be completed by the petitioners so as to see that on or before 23.6.2025, the learned Debt Recovery Appellate Tribunal, Chennai can pass appropriate orders. (3) It is, however, clarified that the indulgence granted by this Court is purely on the ground of conveniency and thereby, C/SCA/7821/2025 ORDER DATED: 13/06/2025 needless to clarify that there shall not be any further indulgence by this Court. 7. With aforesaid observations and directions, present petition stands disposed of. Direct service is permitted. (NIRAL R. MEHTA,J) V.J. SATWARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIPUL JASWANTBHAI SATWARA(HC00170), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/06/2025 17:59:33