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Gujarat High Court
Sureshbhai Dhirajlal Thakkar vs Debt Recovery Tribunal-1 on 24 March, 2026
NEUTRAL CITATION
C/SCA/4202/2026 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4202 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4238 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4242 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4245 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4246 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4247 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4248 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4249 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4250 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4251 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4252 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4253 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4254 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4255 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4256 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4257 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4258 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4259 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4269 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4271 of 2026
With
R/SPECIAL CIVIL APPLICATION NO. 4275 of 2026
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SURESHBHAI DHIRAJLAL THAKKAR
Page 1 of 5
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NEUTRAL CITATION
C/SCA/4202/2026 ORDER DATED: 24/03/2026
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Versus
DEBT RECOVERY TRIBUNAL-1 & ORS.
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Appearance:
SPECIAL CIVIL APPLICATION NO.4202 OF 2026:
MR. D K PUJ(3836) for the Petitioner
SPECIAL CIVIL APPLICATIONS NOS.4238 of 2026, 4242 of 2026, 4245 of
2026, 4248 of 2026, 4255 OF 2026 AND 4257 OF 2026:
MR. S P MAJMUDAR ADVOCATE for the Petitioners
SPECIAL CIVIL APPLICATIONS NOS.4246 of 2026, 4247 of 2026, 4249 OF
2026 TO 4254 OF 2026, 4256 OF 2026, 4258 OF 2026, 4259 OF 2026, 4269
OF 2026, 4271 OF 2026 AND 4275 OF 2026:
MR. SARVASWA R CHHAJER, ADVOCATE for the Petitioners
MR. AYAAN PATEL ADVOCATE FOR SINGHI & CO(2725) for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 24/03/2026
COMMON ORAL ORDER
[1] Heard Mr. D. K. Puj. Mr. S. P. Majmudar and Mr.
Sarvaswa Chhajer, learned advocates for the respective petitioners
and Mr. Ayaan Patel, learned advocate for the Respondent - RARE
Asset Reconstruction Limited.
[2] Learned advocates for the petitioners submit that they
are all aggrieved by the common order and judgment dated
02.03.2026 passed by learned DRT-I, Ahmedabad in Securitization
Application No. 289 of 2025 along with allied matters. Thereafter,
NEUTRAL CITATION
C/SCA/4202/2026 ORDER DATED: 24/03/2026
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the Court Commissioner appointed by Chief Judicial Magistrate,
Gandhinagar has issued a notice dated 12.03.2026 scheduling to
take possession on 29.03.2026. Being aggrieved, all the Petitioners
herein have approached the learned Debt Recovery Appellate
Tribunal, Mumbai by way of individual appeals. However, in the
interregnum a notice was issued on 20.03.2026 indicating that the
learned Debt Recovery Appellate Tribunal, Mumbai is on leave till
27.03.2026 and the charge has been given to learned Debt
Recovery Appellate Tribunal, Chennai. Hence, being apprehensive
that the Respondent may proceed with taking possession, while the
appeals remain unheard, the Petitioners may be left remediless,
thus, they have approached this Court. Learned advocates for the
petitioners further submitted that in that eventuality, if the
indulgence is not shown by this Court, the Appeals which are
already filed before the Debt Recovery Appellate Tribunal, Mumbai,
shall become infructuous.
[3] On the other hand, Mr. Ayaan Patel, learned advocate
on behalf of M/s. Singhi & Co. for the respondent, fairly conceded
that keeping in mind the principle of fair play, the Respondent shall
NEUTRAL CITATION
C/SCA/4202/2026 ORDER DATED: 24/03/2026
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not take the possession of the property of the petitioner till
14.04.2026. However, Mr. Patel requested that if in the meantime,
the petitioners fail to get any order from the learned Appellate
Tribunal, no further indulgence by way of any extension of time, be
granted.
[4] Request and the approach of Mr. Patel appears to be
reasonable and fair.
[5] In view of above, the present petitions deserve to be
disposed of, without entering into the merits of the case, with the
following directions on broad consensus of the parties hereto:
(i) The Respondent - RARE Asset Reconstruction Ltd. along
with the Court Commissioner appointed by Chief Judicial
Magistrate, Gandhinagar shall not take any coercive
action/possession till 14.04.2026;
(ii) The petitioners are hereby directed to ensure that the
Appeals along with the Interlocutory Applications filed are
listed before learned Appellate Tribunal before 14.04.2026 so
NEUTRAL CITATION
C/SCA/4202/2026 ORDER DATED: 24/03/2026
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as to enable the learned Debt Recovery Appellate Tribunal
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.
[6] With aforesaid observations and directions, present
petitions stand disposed of. Direct service is permitted.
(NIRAL R. MEHTA,J)
CHANDRESH
