Mansukhbhai Ukabhai Thubmar vs State Bank Of India
2026 Latest Caselaw 459 Guj

Gujarat High Court

Mansukhbhai Ukabhai Thubmar vs State Bank Of India on 10 February, 2026

                                                                                                           NEUTRAL CITATION




                              C/SCA/1678/2026                               ORDER DATED: 10/02/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 1678 of 2026
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                                           MANSUKHBHAI UKABHAI THUBMAR & ANR.
                                                         Versus
                                               STATE BANK OF INDIA & ORS.
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                       Appearance:
                       MR DIPAL R RAVAIYA(6532) for the Petitioner(s) No. 1
                       MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1,2
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                            CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                      Date : 10/02/2026
                                                       ORAL ORDER

1. By the present writ petition, the petitioners are praying for a direction to set aside the action of the respondent-Bank in applying the lock on the shops of the petitioners and to remove the same and that the further proceedings in respect of the auction of the subject property being illegal, arbitrary and unlawful.

2. The petitioners herein are tenants in respect of the property, which is mortgaged with the respondent no.1-Bank. The subject property has been attached and the possession of the same has been taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act"). The petitioners have alternative efficacious remedy under the SARFAESI Act.

3. Mr.C.Z.Sankhla, learned counsel appearing for the respondent- Bank submits that after taking the possession of the subject property, the same has also been auctioned and sale certificate has also been issued.

4. Learned counsel for the petitioner submits that this Court has no bar to entertain such a writ petition under Article 226 of the Constitution of India. In view of the judgment of the Apex Court in the case of PHR

NEUTRAL CITATION

C/SCA/1678/2026 ORDER DATED: 10/02/2026

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Invent Educational Society v. UCO Bank & Ors. (2024) 6 SCC 579 , the said contention is rejected.

5. In view of the aforesaid observation, the present writ petition is not entertained. The petitioners are at liberty to initiate appropriate proceedings in law. The present petition stands disposed of.

Sd/-

(ANIRUDDHA P. MAYEE, J.) ABHISHEK/5