Aparna Bariwal vs The Presiding Officer
2026 Latest Caselaw 511 Guj

Gujarat High Court

Aparna Bariwal vs The Presiding Officer on 12 February, 2026

                                                                                                         NEUTRAL CITATION




                              C/SCA/1758/2026                             ORDER DATED: 12/02/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SPECIAL CIVIL APPLICATION NO. 1758 of 2026

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                                                   APARNA BARIWAL & ANR.
                                                           Versus
                                                THE PRESIDING OFFICER & ANR.
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                       Appearance:
                       PARTY IN PERSON(5000) for the Petitioner(s) No. 1,2
                       MR. SANDIP C BHATT(6324) for the Respondent(s) No. 2
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                          CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                      Date : 12/02/2026

                                                        ORAL ORDER

1. By the present writ petition, the petitioner is praying for the following reliefs in respect of the proceedings under the SARFAESI Act, 2002.

"(A) YOUR LORDSHIPS be pleased to allow this application;

(B) YOUR LORDSHIPS be pleased to call for the record and proceedings of DRT case record of SA 97 of 2023 and MA 55 of 2025 from the DRT2 at Ahmedabad and after perusing the same be pleased to quash possession taken by bank via court commissioner on 11.01.2026 and direct to bank to restore possession of the property of Aparna Bariwal and set aside order in the interest of justice;

(C) YOUR LORDSHIPS be pleased to direct Respondent bank of to Release the property Mrs. Aparna Bariwal property no 1 Property Index (Annexure K) Attached herewith.

(D) YOUR LORDSHIPS be pleased to. direct Respondent

NEUTRAL CITATION

C/SCA/1758/2026 ORDER DATED: 12/02/2026

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bank to exercise option of The SARFAESI act under Section 13 Enforcement of security interest read rule 9 to pay all dues of others and secured creditor liabilities too by auction principal borrower mortgaged property in bank.

(E) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of justice."

2. The petitioner has an alternative efficacious remedy before the learned Debts Recovery Tribunal. In view of the judgment passed by the Hon'ble Apex Court in the case of PHR Invent Educational Society v. UCO Bank & Ors. reported in (2024) 6 SCC 579, the present writ petition is not entertained.

3. The petitioner shall be at liberty to initiate appropriate proceedings in accordance with law. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon. All the contentions raised in the present writ petition are kept open.

4. The present writ petition is accordingly disposed of.

(ANIRUDDHA P. MAYEE, J.) SALIM/