C/SCA/2000/2026 ORDER DATED: 13/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2000 of 2026 ================================================================ RAKESHKUMAR KESHAVBHAI PRAJAPATI & ANR. Versus THE AUTHORIZED OFFICER ================================================================ Appearance: MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2 MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2 MR MV SINGH for the Respondent-Bank ================================================================ CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 13/02/2026 ORAL ORDER 1. By way of present Special Civil Application, the petitioners have prayed for the following reliefs :- “(A) Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, and to quash and set aside the impugned order passed by the learned Presiding Officer, DRT-1, Ahmedabad, dated 06.02.2026 in S.A.No.283 of 2025 qua rejection of prayer for interim orders; Anned-v (B) Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, and to restrain the respondent, their agents and servants from taking any coercive action against the petitioners including taking possession of the premise of the petitioner no.1 situated at Khodiyar Krupa Society, Bopal, Ahmedabad bearing Sub-Plot no. A/33 forming part of Block nos. 639 paiki 641 and 642 (old Survey no. 425/1, 430/1, 431/1 and 431/2) of mojeBopal ofDascroi Taluka in the Registration District Ahmedabad and Sub-district Ahmedabad 9 (Bopal) admeasuring 197.7 sq. mtrs or thereabouts togetherwith a bungalow/tenement having construction of 75.25 sq. mtrs. bearing No.A/33; (C) Pending admission and final disposal of the present petition, be pleased to stay the implementation, execution and operation of the impugned order dated 06.02.2026 passed by the learned Presiding Officer, DRT-1, Ahmedabad, in S.A. No.283 of Anned-v 2025, qua rejection of prayer for interim orders and also further be pleased to restrain the respondent bank, its agents and servants from taking possession of the residential premise of the p. 1 C/SCA/2000/2026 ORDER DATED: 13/02/2026 petitioner no.1 situated at Khodiyar Krupa Society, Bopal, Ahmedabad bearing Sub-Plot no. A/33 forming part of Block nos. 639 paiki 641 and 642 (old Survey no. 425/1, 430/1, 431/1 and 431/2) of mojeBopal of Dascroi Taluka in the Registration District Ahmedabad and Sub-district Ahmedabad 9 (Bopal) admeasuring 197.7 sq. mtrs or thereabouts together with a bungalow/ tenement having construction of 75.25 sq. mtrs. bearing No.A/33; (D) Be pleased to pass such other and further orders as may be deemed fit and proper.” 2. The learned counsel for the petitioners, upon instructions, submits that the petitioners shall approach the learned Debts Recovery Appellate Tribunal against the impugned order herein. He submits that however, the learned Debts Recovery Appellate Tribunal, Mumbai is not available and the additional charge of the said Tribunal is given to the learned Debts Recovery Appellate Tribunal, Chennai. He submits that the impugned order denying the interim relief has been pronounced on 06.02.2026. He submits that the petitioners have filed an appeal against the impugned order, however, the same is in objections. He submits that as per the order passed under Section 14, the possession of the secured property in question is to be taken on 15.02.2026. He, therefore, submits that if the possession of the secured property in question is taken over on 15.02.2026, then the appeal filed before the learned Debts Recovery Appellate Tribunal shall become infructuous. 3. The learned counsel for the respondent No.1-Bank submits that the debt due to the petitioners is more than Rs.2.82 crores and p. 2 C/SCA/2000/2026 ORDER DATED: 13/02/2026 the petitioners have not paid any amount since the time of default and even after issuance of demand notice. He submits that the petitioners are not in a financial position to pay their debt and therefore, no indulgence be granted. 4. Considering the submissions and in the facts of the present case, this Court is of the considered opinion that the petitioners be granted interim protection to get the appeal listed for urgent hearing on interim relief before the Debts Recovery Appellate Tribunal. It is, therefore, directed that the respondent Bank shall defer taking of the possession of the secured property in question till 22.02.2026. 5. It is made clear that this interim protection is granted in the interest of justice to enable the petitioners to get an opportunity of mentioning the case before the learned Debts Recovery Appellate Tribunal. If the petitioners are unable to get the appeal listed and/or no interim relief is granted in favour of the petitioners in the said appeal, the respondent Bank shall be at liberty to take the possession of the secured property in question immediately, thereafter. 6. It is also made clear that this Court has not gone into the merits of the case and no opinion is expressed thereon. The learned Debts Recovery Appellate Tribunal shall decide the appeal of the petitioners on its own merits and in accordance with law. Page 3 of 4 C/SCA/2000/2026 ORDER DATED: 13/02/2026 7. The Special Civil Application is entertained only to the aforesaid extent and disposed of accordingly. 8. Parties to act on the simple copy of the order. In addition, Direct Service is permitted today. Sd/- (ANIRUDDHA P. MAYEE, J.) ABHISHEK/27 p. 4 Original copy of this order has been signed by the Hon'ble Judge.