A notice addressed to deceased persons under the SARFAESI Act is void, and petitioners who pursued statutory remedies cannot invoke writ jurisdiction without exhausting available appellate options.

JUDGMENT :

NIRAL R. MEHTA, J.

1. The draft amendment is allowed. To be carried out forthwith.

2. By way of this petition under Article 226 and 227 of the Constitution of India, the petitioners have approached this Court for the following reliefs:-

A) YOUR LORDSHIPS may be pleased to admit and allow this petition, in the interest of justice;

(B) YOUR LORDSHIPS may be pleased to issue appropriate writ, direction and order quashing and setting aside the impugned order dated 12.02.2026 (Annexure B) passed by the Hon'ble Debts Recovery Tribunal Ahmedabad in Securitization Application No.32 of 2026, in the interest of justice.

(C) YOUR LORDSHIPS may be pleased to hold and declare that all the measures undertaken by Respondent, starting from the issuance of Demand Notice dated 18.08.2025 issued u/s 13(2) of the SARFAESI Act, 2002 (Annexure D) including the measure of taking physical possession of the subject property on 14.02.2026 in furtherance of the Notice of taking possession dated 31.01.2026 (Annexure E), under the provisions of SARFAESI Act are void and wholly without jurisdiction;

(D) Pending the admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of impugned order dated 12.02.2026 (Annexure B) passed by the Hon'ble Debts R ecovery Tribunal I, at Ahmedabad in Securitization Application No. 32 of 2026 and further be pleased to restrain the Respondent from taking further measures under the provisions of the SARFAESI Act, 2002 in furtherance to the Demand Notice dated 18.08.2025 u/s 13(2) of the Act, 2002 (Annexure D) and maintain status quo qua the subject property, in the interest of justice;

(E) YOUR LORDSHIPS may be pleased to grant such other and further relief as deemed just and proper in the interest of justice.

(F) Your Lordships may be pleased to hold and declare that Auction notice dated 24.02.2026 (Annexure F), under the provisions of SARFAESI Act is void and wholly without jurisdiction

(G) Your Lordships maybe pleased to hold and declare the Property of Petitioner as auctioned to be returned to the Petitioner, as the sale itself is void ab initio;

3. The brief facts of the present petition are stated as under:-

3.1. The respondent–Bank had sanctioned various credit facilities aggregating to a sum of Rs. 23,35,01,816/- in favour of M/s. Ramdev International Castor Products Private Limited, the principal borrower.

3.2. The present petitioners are stated to have been classified as guarantors and/or mortgagors in respect of the aforesaid loan facilities. In that capacity, certain immovable properties standing in their names, as well as in the names of other co-mortgagors, were offered as security for the said credit facilities. The loan account of the principal borrower thereafter came to be classified as a Non-Performing Asset on 31.01.2025.

3.3. Pursuant to such classification, the respondent–Bank issued a demand notice dated 18.08.2025 under Section 13(2) of the SARFAESI Act, 2002.

3.4. It is the case of the petitioners that the said demand notice was never served upon them in accordance with the mandatory requirements prescribed under the Act and the Rules framed thereunder. According to the petitioners, the contents of the said notice came to their knowledge only upon obtaining certified copies of the proceedings from the office of the learned Additional Chief Judicial Magistrate at Kadi, in connection with the proceedings initiated by the respondent–Bank under Section 14 of the SARFAESI Act.

3.5. It is further the case of the petitioners that even prior to issuance of the aforesaid notice dated 18.08.2025, the respondent