Reserved On : 19/01/2026 Pronounced On : 25/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 31 of 2026 In R/SPECIAL CIVIL APPLICATION/20018/2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 31 of 2026 With R/LETTERS PATENT APPEAL NO. 32 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 19792 of 2021 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 32 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 19792 of 2021 With R/LETTERS PATENT APPEAL NO. 33 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 2430 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 33 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 2430 of 2022 With R/LETTERS PATENT APPEAL NO. 34 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 2431 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 34 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 2431 of 2022 With R/LETTERS PATENT APPEAL NO. 1111 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 20034 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 1111 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 20034 of 2019 FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY =============================================

Approved for Reporting Yes No 

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HASMUKHBHAI NARSHIDAS KAKKAD Versus RECOVERY OFFICER & ANR.

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Appearance:

MR RS SANJANWALA, SR. ADVOCATE WITH MS SANGEETA PAHWA FOR THAKKAR AND PAHWA ADVOCATES(1357) for the Appellant(s) No. 1 MR SN SOPARKAR, SR ADVOCATE WITH MR RC KAKKAD(389)

for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY

CAV JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. These intra court appeals are directed against common judgment and order dated 10.07.2025 passed by the writ Court dismissing the writ petitions filed with the two set of prayers, as follows:-

(Prayers in Special Civil Application Nos.

20018/2019, 20034/2019 & 19792/2021)

“A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned notice dated 29.10.2019 (Annexure-A) and all consequential actions in pursuance thereto, as being illegal, arbitrary and violative of Art. 14 of the Constitution of India;

(B) YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of the impugned notice dated 29.10.2019 (Annexure-A) and all consequential actions in pursuance thereto, pending the admission, hearing and final disposal of this appeal;”

(Prayers in Special Civil Application Nos.

2431/2022 and 2431/2022)

(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned notice dated 18.1.2022 issued to all the petitioners as well as the public notice dated 18.1.2022 published in Newspaper (Annexure-A Colly) and all consequential actions in pursuance thereto, as being illegal, arbitrary and violative of Art. 14 of the Constitution of India;

(B) YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of the impugned notice dated 18.1.2022 issued to all the petitioners as well as public notice dated 18.1.2022 published in Newspaper (Annexure-A Colly), pending the admission, hearing and final disposal of this appeal;”

2. The facts leading to the filing of the above set of writ petitions arising from the common occurrence, noted from the leading petition, i.e. Special Civil Application No. 20018 of 2019, as recorded in the judgment impugned are :-

(a) The father of the petitioners herein and their brother as also their partnership firm, namely M/s. Narshidas Gordhandas Kakkad (hereinafter referred to as the “borrowers”), borrowed a sum of Rs. 2,00,000/- and Rs