C/SCA/2707/2025(GJHC240137622025) ORDER DATED: 17/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2707 of 2025 With CIVIL APPLICATION (DIRECTION) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 2707 of 2025 ========================================================== JYOTSANABEN NITINBHAI MEHTA Versus HDFC BANK LTD. & ANR. ========================================================== Appearance: MR BM MANGUKIYA(437) for the Petitioner(s) No. 1 MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1 MR LALIT M PATEL(2239) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK and HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/09/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE NIKHIL S. KARIEL) ORDER IN CIVIL APPLICATION No.1 OF 2025 Learned advocate Mr. Arpit Singhvi for the applicant of Civil Application would submit that the charge holder bank viz. HDFC Bank, has assigned all its dues including the dues qua the present petitioner to the applicant viz. M/s Phoenix ARC Private Limited. Learned advocate would submit that the applicant is now empowered to conduct the proceedings in place of Respondent No.1- Bank and prays to be joined as a party respondent in the main proceedings. Considering the request made by learned advocate Mr. Singhvi and since it appears that the petitioner has assigned all its rights inter alia qua the present property to the applicant- M/s Phoenix ARC Private Limited being necessary party, is directed to be joined as Respondent No.3 in the main petition. C/SCA/2707/2025(GJHC240137622025) ORDER DATED: 17/09/2026 Necessary amendment to the cause title shall be carried out forthwith. Consequently, the Civil Application stands disposed of. ORDER IN SPECIAL CIVIL APPLICATION No.2707 OF 2025 1. Heard learned advocate Mr. B. M. Mangukiya on behalf of the petitioner and learned advocate Mr. Arpit Singhvi for the applicant in the Civil Application for impleadment. 2. By way of the present petition, the petitioner- Certificate Debtor has challenged the order dated 11.02.2025 passed by the Recovery Officer, DRT-1, Ahmedabad, whereby, vide the order dated 11.02.2025, the Recovery Officer permitted the appointment of a Court Commissioner to take physical possession of the subject property at the request of the charge holder bank. 3. It appears that the petitioner subsequently approached the Presiding Officer, DRT-1, vide a pre-ponement application seeking early hearing and decision in Appeal No. 13 of 2024, and vide order dated 18.02.2025, the Presiding Officer rejected the application for pre-ponement, which was sought in the context of the possession order passed by the Recovery Officer. 4. At this stage, it is informed by learned advocate Mr. Arpit Singhvi to the Court that the order dated 11.02.2025 was complied with at the relevant point in time, and physical possession of the property has already been taken over, and whereas, the property was subsequently put to auction twice; however, on both occasions, the auction was unsuccessful. Learned advocate would submit that as such the property is C/SCA/2707/2025(GJHC240137622025) ORDER DATED: 17/09/2026 under the custodial possession of the newly joined Respondent No.3. 5. Considering the aforesaid facts, as physical possession has already been taken and the orders in question are mere consequential orders to the principal orders passed by the DRT, the orders have attained finality. As nothing further survives for consideration, the present petition is disposed of as having become infructuous. (MANASH RANJAN PATHAK,J) (NIKHIL S. KARIEL,J) MEHUL B. TUVAR Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MEHULKUMAR BHIKHABHAI TUVAR(HC00628), Principal Pvt. Secretary, at High Court of Gujarat on 23/09/2026 16:47:38