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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRAL R.MEHTA
Prakashbhai Baldevbhai Patel – Appellant
Versus
Canara Bank – Respondent
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
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.
Legal heirs of a deceased guarantor cannot contest proceedings under SARFAESI Act after notice served during the guarantor's lifetime, as they must seek remedy via Debts Recovery Tribunal.
The court established that the right of redemption under the SARFAESI Act is extinguished upon the issuance of a sale certificate, and timely challenge to bank actions is essential.
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
The High Court affirmed that the adequate remedy under the SARFAESI Act must be pursued before seeking judicial intervention, emphasizing the importance of exhausting statutory options.
While expressing the aforesaid view, we are conscious that the powers conferred upon the High Court under Article 226 of the Constitution to issue to any person or authority, including in appropriate....
The proceedings initiated against the original borrower for enforcement of security interest stand concluded by virtue of intimation served upon them, and the death of the original borrower occurring....
Failure to comply with the provisions of Section 13(8) of the SARFAESI Act, 2002 and the availability of an alternative remedy before the Debts Recovery Tribunal rendered the writ petition not mainta....
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