IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2005 of 2026 ================================================================

PARESHBHAI HASMUKHBHAI PATEL & ANR.

Versus LIC HOUSING FINANCE LTD. & ANR.

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Appearance:

MR BOMI H SETHNA(5864) for the Petitioner(s) No. 1,2 MR DAIFRAZ HAVEWALLA(3982) for the Petitioner(s) No. 1,2 MR PM DAVE(263) for the Respondent(s) No. 1 MR MOHITKUMAR R GUPTA, for the Respondent.

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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 13/02/2026

ORAL ORDER

1. By way of present Special Civil Application, the petitioners have prayed for the following reliefs :-

“(A) This Hon'ble Court be pleased to allow and admit the present Special Civil Application;

(B) This Hon'ble Court be pleased to issue writ in the nature of certiorari or any other appropriate writ, order and/or direction by quashing andsetting aside the impugned order dated 11.02.2026 passed by Ld. Debts Recovery Tribunal II, Ahmedabad in Securitization Application No. 210 of 2025 and allow the prayers prayed in I.A. 376 of 2026 in S.A. No. 210 of 2025;

(C) This Hon'ble Court be pleased to issue writ in the nature of certiorari or any other appropriate writ, order and/or direction by quashing and setting aside the order dated 23.01.2026 passed Ld. Addl. Chief Judicial Magistrate, Surat in Criminal Misc.

Application No. 22002 of 2024;

(D) This Hon'ble Court be pleased to direct the respondent no. 2 Court Commissioner Shri Hardik S. Parekh (Superintendent) not to execute, implement and enforce the order dated 23.01.2026 passed by Ld. Addl. Chief Judicial Magistrate, Surat;

(E) During the pendency and/or final disposal of the present petition, this Hon'ble Court be pleased to direct the respondents to maintain status quo in respect of secured asset and further be pleased to direct the respondents not to take furthercoercive measures against the secured assets and/or in the alternative this Hon'ble Court be pleased to direct the respondents to maintain status quo for the period of 30 days so as to enable the petitioners to approach the Ld. Debts Recovery Appellate Tribunal (DRAT)

in the interest of justice;

(F) Ad interim and/or interim ex-parte relief in terms of para (E)

herein above;

(G) Any such other and further orders as thought fit in the interest of justice.”

2. The learned counsel for the petitioners, upon instructions, submits that the petitioners shall approach the learned Debts Recovery Appellate Tribunal against the impugned order herein. He submits that however, the learned Debts Recovery Appellate Tribunal, Mumbai is not available and the additional charge of the said Tribunal is given to the learned Debts Recovery Appellate Tribunal, Chennai. He submits that the petitioners are in the process of filing an appeal against the impugned order herein immediately. He submits that the impugned order denying the interim relief has been pronounced on 11.02.2026. He submits that as per the order passed under Section 14, the possession of the secured property in question is to be taken on 14.02.2026. The learned counsel submits that in such a situation, within the stipulated time, the petitioners cannot approach the learned Debts Recovery Appellate Tribunal. He, therefore, submits that if the possession of the secured property in question is taken over on

14.02.2026, the appeal to be filed before the learned Debts Recovery Appellate Tribunal shall become infructuous.

3. The learned counsel for the respondent No.1-Bank submits that the debt due to the petitioners is Rs.3,87,80,745.49 crores and the petitioners have not paid any amount since the time of default and even after issuance of demand notice. He submits that the petitioners are not in a financial position to pay their debt and therefore, no indulgence be granted.

4. Considering the submissions and the fact that the impugned order refusing the interim r