High Court of Gujarat

KATHERINE BASHYAM W/O VINCENT BASHYAMversusAUTHORIZED OFFICER, AUTHUM INVESTMENT AND INFRASTRUCTURE LTD

Decided: 2 March 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ANIRUDDHA P MAYEE

Holding

The Court permitted the withdrawal of the Special Civil Application, dismissing it as withdrawn and allowing the petitioner to approach the Debt Recovery Appellate Tribunal.

Summary

Petitioner Ms. Sophia F. Pathan filed Special Civil Application No. 2878 of 2026 seeking relief against Authorized Officer, Authum Investment and Infrastructure Ltd. The petitioner later requested permission to withdraw the application and instead approach the Debt Recovery Appellate Tribunal for an appeal. The Court, after hearing submissions, granted the request, allowing the withdrawal and directing that the application be dismissed as withdrawn. The Court also held that the substantive contentions raised in the writ petition remain viable and may be pursued before the appropriate forum. Consequently, the special civil application was dismissed, and the petitioner was free to seek relief before the DRT.

Issues considered

Whether the petitioner may be permitted to withdraw the Special Civil Application and approach the Debt Recovery Appellate Tribunal for an alternative statutory remedy

Subjects

withdrawal of civil application
Debt Recovery Appellate Tribunal
Special Civil Application
procedural law
court order

Judgment

          C/SCA/2878/2026                                                                   ORDER DATED: 02/03/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO. 2878 of 2026

 ==========================================================
          KATHERINE BASHYAM W/O VINCENT BASHYAM
                           Versus
 AUTHORIZED OFFICER, AUTHUM INVESTMENT AND INFRASTRUCTURE
                            LTD
 ==========================================================
 Appearance:
 MR SIKANDAR M PATHAN FOR MS SOPHIA F PATHAN(10863) for the
 Petitioner(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                    Date : 02/03/2026

                                                      ORAL ORDER


            After some submissions, learned advocate for the petitioner
 submits that he may be permitted to withdraw the present
 Special Civil Application with a liberty to approach the Debts
 Recovery Appellate Tribunal by way of an appeal to avail
 alternative statutory remedy.
            Permission is granted with the aforesaid liberty.
            The present Special Civil Application is dismissed as
 withdrawn.
            All the contentions raised in the present writ petition are
 kept open to be agitated before the appropriate forum.



                                                                                   (ANIRUDDHA P. MAYEE, J.)
 KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/03/2026 14:35:46




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Sikandar M Pathan