Gujarat High Court
Kapil Chhaganbhai Khanpara vs Capri Global Capital Limited on 1 May, 2026
NEUTRAL CITATION
C/SCA/6616/2026 ORDER DATED: 01/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6616 of 2026
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KAPIL CHHAGANBHAI KHANPARA & ORS.
Versus
CAPRI GLOBAL CAPITAL LIMITED & ORS.
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Appearance:
MR DAXAY D PATEL(6633) for the Petitioner(s) No. 1,2,3
RITESH D PATADIA(6460) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 01/05/2026
ORAL ORDER
[1] By way of present petition under Article 227 of the Constitution of the India, the petitioners have approached this Court with the following reliefs.
"12(A). YOUR LORDSHIPS BE PLEASED to stay the action of the RESPONDENT No.1 FI under the provisions of the SARFAESI Act, 2002 against the Petitioners including the notice dated 17.04.2026 scheduling to take possession of the properties on 03.05.2026 annexed at Annexure: A, for a period of 4 weeks to enable the Petitioners to exercise their right of appeal under Section 18 of the SARFAESI Act, 2002 in the interest of justice.Page 1 of 5 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Fri May 01 2026 Downloaded on : Sat May 02 05:42:22 IST 2026
NEUTRAL CITATION C/SCA/6616/2026 ORDER DATED: 01/05/2026 undefined AND (B). YOUR LORDSHIPS BE PLEASED restrain the Respondent No.1 Fl and Respondent No.4 from taking any action or any further steps under SARFAESI Act including taking physical possession of the properties of the Petitioners pending hearing and final disposal of this petition as per notice at Annexure-: A. AND (C). YOUR LORDSHIPS Be pleased pass such other and further orders, which may be deemed fit in the interest of justice."
[2] Heard learned advocate Mr. Daxay D. Patel for the petitioners and learned advocate Mr. Ritesh D. Patadiya for respondent No.1.
[3] Learned advocate for the petitioners submitted that petitioners are challenging order dated 12th March, 2026 passed by DRT-II, Ahmedabad in S.A. No.577 of 2023. It is further submitted that the Petitioners have 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 Page 2 of 5 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Fri May 01 2026 Downloaded on : Sat May 02 05:42:22 IST 2026 NEUTRAL CITATION C/SCA/6616/2026 ORDER DATED: 01/05/2026 undefined and above filing of Appeal online and in that event, some time is likely to be consumed; however, learned advocate for the petitioners, in the interregnum period, apprehends that respondent No.1 is likely to take possession of the property as per the notice received by the petitioners. Thus, learned advocate for the petitioners submitted that in that eventuality, if the indulgence is not shown by this Court, petitioners will be left remediless. [4] On the other hand, Mr. Ritesh D. Patadiya, 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 petitioners for a period 21 days from today. However, Mr. Ritesh requested that if in the meantime, the petitioners 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. Ritesh D. Patadiya appears to be reasonable and fair.
[6] In view of above, the present petition deserves to be Page 3 of 5 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Fri May 01 2026 Downloaded on : Sat May 02 05:42:22 IST 2026 NEUTRAL CITATION C/SCA/6616/2026 ORDER DATED: 01/05/2026 undefined disposed of, without much entering into the merits of the case, with the following directions:
(i) The petitioners are 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.
(ii) The said exercise shall have to be completed by the petitioners 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 petitioners till 22 nd Page 4 of 5 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Fri May 01 2026 Downloaded on : Sat May 02 05:42:22 IST 2026 NEUTRAL CITATION C/SCA/6616/2026 ORDER DATED: 01/05/2026 undefined May, 2026 i.e. three weeks from today.
[7] With the aforesaid observations and directions, present petition stands disposed of.
Direct service is permitted today.
(NIRAL R. MEHTA,J) CHANDRESH Page 5 of 5 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Fri May 01 2026 Downloaded on : Sat May 02 05:42:22 IST 2026