C/SCA/7752/2026 ORDER DATED: 01/06/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7752 of 2026 ================================================================ MOOLSING BAHADOORSINGH CHAUHAN Versus AUTHORIZED OFFICER OF AUTHUM INVESTMENT AND INFRASTRUCTURE LTD. & ORS. ================================================================ Appearance: Ms. HIMANI KINI(7489) for the Petitioner(s) No. 1 NAMAN H KINKHABWALA(8831) for the Petitioner(s) No. 1 MR V M SEVAK for the Respondent No.1 ================================================================ CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 01/06/2026 ORAL ORDER 1. By way of the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court seeking 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 No. 1 bank from taking any actions under SARFAESI Act as well as taking physical possession of properties in question fixed by respondent no. 3 on 02.06.2026 or any day thereafter respectively as stated in Annexure-H till the adjudication of the Misc. Appeal before the Ld. Debts Recovery Appellate Tribunal at Mumbai. B. Alternatively this Hon'ble Court be C/SCA/7752/2026 ORDER DATED: 01/06/2026 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 till the Misc. Appeal be filed and heard before the Ld. Debts Recovery Appellate Tribunal at Mumbai. C. During the pendency and till final disposal of this petition, be pleased to restrain respondent no. 1 bank from taking any further actions under SARFAESI Act qua the petitioners in view of notice issued under Section 13(4) of the SARFAESI Act dated 13.08.2025 at Annexure: D. D. During the pendency and till final disposal of this petition, be pleased to restrain respondent no. 1 bank from taking any further actions under SARFAESI Act qua the petitioners in view of order at 27.05.2026 Annexure: A. E. Be pleased to grant ex-parte ad interim relief in terms of prayer C and D above may be granted. F. Be pleased to grant such other and/or further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of C/SCA/7752/2026 ORDER DATED: 01/06/2026 the present case.” 2. Heard learned advocate Ms. Himani Kini and learned advocate Mr. Naman H. Kinkhabwala appearing for the petitioner. It is submitted that the Presiding Officer, DRT-II, Ahmedabad, vide order dated 27.05.2026 passed in S.A. No. 661 of 2026, rejected Interim Application No. 1061 of 2026 - Exh. A/14. Aggrieved by the denial of interim relief, the petitioner initially intended to approach the Debts Recovery Appellate Tribunal. However, since the Tribunal was not available, the present petition has been preferred seeking the aforesaid reliefs. 3. It is further submitted that, subsequent to the rejection of the interim application by DRT-II, Ahmedabad, a notice has been issued by the jurisdictional Magistrate at Karjan in Criminal Misc. Application No. 382 of 2025. As per the notice dated 02.06.2026, possession of the secured asset is proposed to be taken at 2:00 p.m. 4. Learned advocate Mr. V. M. Sevak appearing on advance copy on behalf of respondent No. 1 submitted that the respondent No.1-Financial Institution has already initiated proceedings under the SARFAESI Act for taking possession by filing an application before the competent jurisdictional Magistrate. Pursuant thereto, the Magistrate has passed an order for taking possession. Therefore, no relief deserves to be granted in the present C/SCA/7752/2026 ORDER DATED: 01/06/2026 proceedings. 5. Having considered the submissions advanced by the learned advocates for the respective parties, this Court is of the view that the present petition deserves to be disposed of, without entering into the merits of the case, with the following directions: i. The petitioner is hereby directed to approach the Debt Recovery Appellate Tribunal, Mumbai 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, Mumbai. ii. The said exercise shall have to be completed by the petitioner within a period of three weeks from today so that learned Debt Recovery Appellate Tribunal, Mumbai can pass appropriate orders. iii. 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. iv. Respondent No.1 as well as Commissioner shall not take possession of the property of the petitioner till 02nd April, 2026 i.e. three weeks from today. C/SCA/7752/2026 ORDER DATED: 01/06/2026 v. In the interregnum period the execution and operation of the notice issued by the additional jurisdictional Magistrate at Karjan in Criminal Misc. Application No.382 of 2025 dated 18.05.2026 is hereby stayed. 6. With the aforesaid observations and directions, the present petition stands disposed of. 7. Direct service is permitted today. (L. S. PIRZADA, J) STANCY GOMES Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: STANCY GOMES(HC02364), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 01/06/2026 15:19:15