C/SCA/3827/2026 ORDER DATED: 13/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3827 of 2026 ========================================================== CHANDRAPALSINH BHUPENDRASINHJI CHAUHAN Versus SAMMAAN CAPITAL LIMITED & ORS. ========================================================== Appearance: MR. SANDIP N SOLANKI(9119) for the Petitioner(s) No. 1 MR CZ SANKHLA(3243) for the Respondent(s) No. 1 MR ISHAN JOSHI for the Respondent(s) No. 2, 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 13/03/2026 ORAL ORDER 1. By way of present petition under Article 227 of the Constitution of the India, the petitioner has approached this Court with the following reliefs. A. YOUR LORDSHIP may be pleased to admit and allow the petition; AND B. YOUR LORDSHIP may be pleased issue writ of certiorari or any other writ, order or direction in the nature of certiorari or any other write order or direction and be pleased to quash and set aside the orders dated 12.03.2026 passed by the Ld. DRT - I, Ahmedabad in S.A. No.577/2023 [Produce at Annexure-A]; AND, C. YOUR LORDSHIP, may be pleased to direct the Respondent No. 1-F.I. and the Court Commissioner not to take physical possession of the secured asset i.e. Flat No.AC/1, 1st Floor, Tower – C, Admeasuring 3875 Sq.Ft. Of ‘Utopoan Corner’ situated in Land Bearing S. No.692,693,694/2,695/1, T.P. No.2, F.P. No.81 F.P. No.82,85,86 and 87 of Village Aakodia, New Alkapuri, Ta.Dist. Vadodara till pending and final disposal of Petition; AND, D. YOUR LORDSHIP, may be please to grant ad- p. 2 C/SCA/3827/2026 ORDER DATED: 13/03/2026 interim relied in term of para 9(c), pending and final disposal of petition, in the interest of Justice; AND, E. YOUR LORDSHIP, restrain the Respondent FI from taking any coercive action till the interim application is heard and decide by the Hon’ble DRAT, Mumbai. F. Any other and further relief or reliefs which this Hon’ble Court deems fit in the interest of justice and equity in the Favor of the Petitioner.” 2. Heard learned advocate Mr.Sandip Solanki for the petitioner and learned advocate Mr.C.Z. Sankla for respondent No.1. 3. Learned advocate for the petitioner submitted that petitioner is challenging order dated 12th March, 2026 passed by DRT–II, Ahmedabad in S.A. No.577 of 2023. It is further submitted that the Petitioner has received a notice from the Court Commissioner for taking possession of the property on 14th March, 2026. He also submitted that as per the procedure, physical documents are also required to be filed before the Registry over and above filing of Appeal online and in that event, some time is likely to be consumed; however, learned advocate for the petitioner, in the interregnum period, apprehends that respondent No.1 is likely to take possession of the property as per the notice received by the petitioner. Thus, learned advocate for the petitioner submitted that in that eventuality, if p. 3 C/SCA/3827/2026 ORDER DATED: 13/03/2026 the indulgence is not shown by this Court, petitioner will be left remediless. 4. On the other hand, Mr.Sankla, learned advocate for the respondent No.1, fairly conceded that keeping in mind the principle of fair play, respondent No.1 shall not take the possession of the subject property of the petitioner for a period 21 days from today. However, Mr.Sankla requested that if in the meantime, the petitioner fail to get any order from the Debt Recovery Appellate Tribunal, Mumbai, no further indulgence by way of any extension of time, be granted. 5. Request and the approach of Mr.Sankla 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: (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. Page 3 of 4 C/SCA/3827/2026 ORDER DATED: 13/03/2026 (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 Court Commissioner shall not take possession of the property of the petitioner till 02nd April, 2026 i.e. three weeks from today. 7. With aforesaid observations and directions, present petition stands disposed of. Direct service is permitted, today. (NIRAL R. MEHTA,J) ANUP