High Court of Gujarat
PARESHBHAI HASMUKHBHAI PATELversusLIC HOUSING FINANCE LTD.
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- ANIRUDDHA P MAYEE
Holding
The High Court granted interim protection, directing the respondent bank to defer possession of the secured property until 23‑02‑2026 to enable the petitioners to file an appeal before the Debts Recovery Appellate Tribunal.
Summary
The petitioners, Parshbhai Hasmukhbhai Patel and another, filed a Special Civil Application seeking interim relief against an order of the Debts Recovery Tribunal that denied them protection and scheduled possession of their secured property on 14‑02‑2026. They argued that the time frame was insufficient to file an appeal before the Debts Recovery Appellate Tribunal, which was temporarily seated in Chennai. The respondent bank contended that the debt of Rs.3.87 crore remained unpaid and no indulgence should be granted. The High Court, noting the urgency and the need to allow the petitioners to approach the appellate tribunal, directed the bank to defer possession until 23‑02‑2026, thereby granting interim protection without addressing the merits. The court clarified that the interim order is solely to enable the appeal and that the Debts Recovery Appellate Tribunal will decide the substantive issues.
Issues considered
- Whether the High Court can grant interim relief staying possession of secured assets pending an appeal to the Debts Recovery Appellate Tribunal.
- Whether the order of the Debts Recovery Tribunal under Section 14 of the SARFAESI Act can be stayed by a writ of certiorari.
Legislation cited
Subjects
- interim relief
- stay of possession
- Debts Recovery Tribunal
- Debts Recovery Appellate Tribunal
- SARFAESI Act
- certiorari
- high court jurisdiction
- secured asset
- appeal
Judgment
C/SCA/2005/2026 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2005 of 2026
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PARESHBHAI HASMUKHBHAI PATEL & ANR.
Versus
LIC HOUSING FINANCE LTD. & ANR.
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Appearance:
MR BOMI H SETHNA(5864) for the Petitioner(s) No. 1,2
MR DAIFRAZ HAVEWALLA(3982) for the Petitioner(s) No. 1,2
MR PM DAVE(263) for the Respondent(s) No. 1
MR MOHITKUMAR R GUPTA, for the Respondent.
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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) This Hon'ble Court be pleased to allow and admit the present
Special Civil Application;
(B) This Hon'ble Court be pleased to issue writ in the nature of
certiorari or any other appropriate writ, order and/or direction by
quashing andsetting aside the impugned order dated 11.02.2026
passed by Ld. Debts Recovery Tribunal II, Ahmedabad in
Securitization Application No. 210 of 2025 and allow the prayers
prayed in I.A. 376 of 2026 in S.A. No. 210 of 2025;
(C) This Hon'ble Court be pleased to issue writ in the nature of
certiorari or any other appropriate writ, order and/or direction by
quashing and setting aside the order dated 23.01.2026 passed Ld.
Addl. Chief Judicial Magistrate, Surat in Criminal Misc.
Application No. 22002 of 2024;
(D) This Hon'ble Court be pleased to direct the respondent no. 2
Court Commissioner Shri Hardik S. Parekh (Superintendent) not
to execute, implement and enforce the order dated 23.01.2026
passed by Ld. Addl. Chief Judicial Magistrate, Surat;
(E) During the pendency and/or final disposal of the present
petition, this Hon'ble Court be pleased to direct the respondents to
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C/SCA/2005/2026 ORDER DATED: 13/02/2026
maintain status quo in respect of secured asset and further be
pleased to direct the respondents not to take furthercoercive
measures against the secured assets and/or in the alternative this
Hon'ble Court be pleased to direct the respondents to maintain
status quo for the period of 30 days so as to enable the petitioners
to approach the Ld. Debts Recovery Appellate Tribunal (DRAT)
in the interest of justice;
(F) Ad interim and/or interim ex-parte relief in terms of para (E)
herein above;
(G) Any such other and further orders as thought fit in the interest
of justice.”
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 petitioners are in the
process of filing an appeal against the impugned order herein
immediately. He submits that the impugned order denying the
interim relief has been pronounced on 11.02.2026. He submits that
as per the order passed under Section 14, the possession of the
secured property in question is to be taken on 14.02.2026. The
learned counsel submits that in such a situation, within the
stipulated time, the petitioners cannot approach the learned Debts
Recovery Appellate Tribunal. He, therefore, submits that if the
possession of the secured property in question is taken over on
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C/SCA/2005/2026 ORDER DATED: 13/02/2026
14.02.2026, the appeal to be 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 Rs.3,87,80,745.49 crores and
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 the fact that the impugned
order refusing the interim relief has been passed on 11.02.2026,
this Court is of the considered opinion that the petitioners be
granted interim protection so as to enable them to file an appeal
and 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 property in question till 23.02.2026. In the meantime, the
petitioners shall file an appropriate appeal before the learned
Debts Recovery Appellate Tribunal.
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
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C/SCA/2005/2026 ORDER DATED: 13/02/2026
the said appeal, the respondent Bank shall be at liberty to take the
possession of the 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.
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/SB-29
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 18:34:48
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