Kapil Chhaganbhai Khanpara vs Capri Global Capital Limited
2026 Latest Caselaw 3065 Guj

Citation : 2026 Latest Caselaw 3065 Guj
Judgement Date : 1 May, 2026

[Cites 3, Cited by 0]

Gujarat High Court

Kapil Chhaganbhai Khanpara vs Capri Global Capital Limited on 1 May, 2026

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                             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.

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C/SCA/6616/2026 ORDER DATED: 01/05/2026

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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

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C/SCA/6616/2026 ORDER DATED: 01/05/2026

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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

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C/SCA/6616/2026 ORDER DATED: 01/05/2026

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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

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C/SCA/6616/2026 ORDER DATED: 01/05/2026

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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