Nayi Sanjaybhai Jayantibhai vs Axis Bank Ltd
2025 Latest Caselaw 3302 Guj

Gujarat High Court

Nayi Sanjaybhai Jayantibhai vs Axis Bank Ltd on 21 February, 2025

                                                                                                                    NEUTRAL CITATION




                              C/SCA/2330/2025                                        ORDER DATED: 21/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 2330 of 2025

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                                             NAYI SANJAYBHAI JAYANTIBHAI & ANR.
                                                            Versus
                                                       AXIS BANK LTD.
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                       Appearance:
                       SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1,2
                       MR MAULIK H SAYAN WITH MR HARSINH V DARJI for the Respondent (s)
                       No.1
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                         CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                             Date : 21/02/2025
                                                              ORAL ORDER

The present writ petition has been filed against a private Bank seeking relief of quashing and setting aside the impugned order dated 06.01.2025 passed by the learned 6 th Additional Senior Civil Judge, Ahmedabad Rural under Section 14 of the SARFAESI Act, 2002. The writ petition is not maintainable against a private entity. Further, in view of the judgment in case of PHR Invent Educational Society v. UCO Bank & Ors. - (2024) 6 SCC 579 of the Apex Court, the petitioner has an alternative efficacious remedy before the Debts Recovery Tribunal.

The present Special Civil Application is accordingly, dismissed.

It is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN