High Court of Gujarat
RAKESHKUMAR KESHAVBHAI PRAJAPATIversusTHE AUTHORIZED OFFICER
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- ANIRUDDHA P MAYEE
Holding
The Court held that the petitioners are entitled to interim protection deferring possession of the secured property until 22‑02‑2026 pending listing of their appeal before the Debts Recovery Appellate Tribunal.
Summary
The petitioners filed a Special Civil Application seeking a writ of mandamus to quash a DRT order that denied their request for interim relief and to restrain the bank from taking possession of their secured property. They argued that the appeal against the DRT order was pending and that possession scheduled for 15‑02‑2026 would render the appeal futile. The bank contended that the debt exceeded Rs.2.82 crore and the petitioners were unable to pay. The High Court, considering the urgency, granted interim protection by directing the bank to defer possession until 22‑02‑2026, solely to allow the appeal to be listed before the Debts Recovery Appellate Tribunal. The Court clarified that it did not adjudicate the merits and that the Tribunal would decide the appeal on its own merits. The application was disposed of to the extent of the interim order.
Issues considered
- Whether the High Court can grant interim relief in the form of a stay on possession pending appeal before the Debts Recovery Appellate Tribunal
- Whether a writ of mandamus is appropriate to quash the DRT order denying interim relief
- Whether the urgency of preventing possession justifies deferring execution of the DRT order
Legislation cited
Subjects
- interim relief
- mandamus
- possession
- debts recovery tribunal
- secured loan
- Section 14
- high court
- special civil application
Judgment
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
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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
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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
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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.
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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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 13/02/2026 18:33:05
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