C/SCA/13247/2025 ORDER DATED: 19/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13247 of 2025 ========================================================== HEMLATABEN SHANKARLAL PATEL Versus AUTHORIZED OFFICER OF KOTAK MAHINDRA BANK LTD. & ORS. ========================================================== Appearance: MR MIHIRKUMAR V PATEL(10112) for the Petitioner(s) No. 1 MR VIVEK B GUPTA, ADVOCATE for the Respondent No.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 19/09/2025 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 : “9(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 No.1 bank from taking any actions under SARAESI Act as well as taking physical possession of properties in question fixed by Court Commissioners Ahmedabad on 21.09.2025 and 22.09.2025 respectively as stated in Annexure-J till the adjudication of Misc. Appeal (D) No. 1499 of 2025 in Securitisation Application No.230 of 2025 pending before the ld. Debts Recovery Appellant Tribunal at Mumbai by the Ld. Chairperson 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 C/SCA/13247/2025 ORDER DATED: 19/09/2025 coercive steps are taken against the petitioners till the time Misc. Appeal (D) No. 1499 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 No.1 bank from taking any further actions under SARFAESI Act qua the petitioner in view of order Annexure-I. (D) YOUR LORDSHIP be pleased to grant ex-parte ad interim relief in terms of prayer above may be granted. (E) Be pleased to grant such other and / or further reliefs as this Hon’ble Curt may deem fit and proper in the facts and circumstances of the present case.” [2] Heard Mr. Mihirkumar Patel, learned advocate for the petitioner and Mr. Vivek B. Gupta, learned advocate for the respondent. [3] Mr. Mihirkumar Patel, learned advocate for the petitioner, at the outset, submitted that the petitioner has already approached the learned Debt Recovery Appellate Tribunal, Mumbai by filing Misc. Appeal (D) No.1149 of 2025 in Securitisation Application No.230 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. Patel learned advocate C/SCA/13247/2025 ORDER DATED: 19/09/2025 for the petitioner, in the interregnum period, apprehends that the bank is likely to take possession of the property on or before 21st September 2025. Thus, Mr. Patel 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. [4] On the other hand, Mr. Gupta 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 20th September 2025. However, Mr. Gupta 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. Gupta 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 C/SCA/13247/2025 ORDER DATED: 19/09/2025 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 14 days, 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, 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 today is permitted. [8] Registry is directed to accept the Vakalatnama of learned advocate Mr. Vivek B. Gupta for the respondent No.1. (NIRAL R. MEHTA,J) CHANDRESH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHANDRESH NATVARBHAI SIDDHAPURA(HC01109), PRIVATE SECRETARY, at High Court of Gujarat on 19/09/2025 17:55:12