Modification of Judgment dtd. 09/01/2026 in R/AO/209/2025

0.1727405882505837 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 209 of 2025 [On note for speaking to minutes of order dated 09/01/2026 in R/AO/209/2025 ]

==========================================================

VARUN PROCON PVT LTD & ORS.

Versus STATE BANK OF INDIA & ORS.

==========================================================

Appearance:

MR.ADITYA J PANDYA(6991) for the Appellant(s) No. 1,2,3 MS. BHAVNA D ACHARYA(6406) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 03/02/2026

ORAL ORDER

The matter comes up on Board on a Note for Speaking to Minutes filed by Learned Advocate for respondent No.1 stating inter alia that name of the petitioner was inadvertently shown as ‘Varun Procon Pvt. Ltd.’ in the cause-title of the order dated 09^th January, 2026 instead of ‘Venus Procon Pvt. Ltd.’.

In view of above, the Note for Speaking to Minutes is allowed by directing the Registry to correct the name of the petitioner as ‘Venus Procon Pvt. Ltd.’ instead of ‘Varun Procon Pvt. Ltd.’ in the title of the order and fresh writ be issued accordingly with correct name.

(NIRAL R. MEHTA,J)

ANUP R/AO/209/2025 0.1727405882505837 Reserved On : 19/12/2025 Pronounced On : 09/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/APPEAL FROM ORDER NO. 209 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/APPEAL FROM ORDER NO. 209 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRAL R. MEHTA ==========================================================

Approved for Reporting Yes No ==========================================================

VARUN PROCON PVT LTD & ORS.

Versus STATE BANK OF INDIA & ORS.

==========================================================

Appearance:

MR IH SYED, SR. ADVOCATE WITH MR.ADITYA J PANDYA(6991) for the Appellant(s) No. 1,2,3 MR PC KAVINA, SR. ADVOCATE WITH MS. BHAVNA D ACHARYA(6406)

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

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

CAV JUDGMENT

1. The present Appeal from Order, at the instance of original plaintiffs under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, is directed against order dated 29^th September, 2025 passed by learned City Civil Court No.23, Ahmedabad in Civil Suit No.778 of 2016 below Exh.7. By the said order, learned City Civil Court was pleased to dismiss the interim R/AO/209/2025 0.1727405882505837 application under Order XXXIX Rules 1 and 2 of the Code, 1908.

Case of the Appellants (Original Plaintiffs)

2. Plaintiff No.1 is a company engaged in the business of real estate development, construction and allied activities. Plaintiff Nos.2 and 3 were appointed as Directors of Plaintiff No.1 on 05.09.2014 and 07.03.2016 respectively. Defendant No.5, who is the nephew of Plaintiff Nos.2 and 3, was appointed as a Director of Plaintiff No.1 on 31.10.2014.

2.1 Ms. Avani Dharmesh Patel, who claims to be a Director of Plaintiff No.1, was only an Additional Director and was never appointed as a Director in the Annual General Meeting of Plaintiff No.1.

2.2 It is the case of the plaintiffs that, taking advantage of the strained relationship between Plaintiff No.2 and his wife, Defendant No.5, in collusion with the other defendants, removed all original documents such as sale deeds and other title documents relating to the suit property from the residence of Plaintiff No.2. At the relevant time, Plaintiff No.2 was detained at Navrangpura Police Station and was restrained from entering the Navrangpura area pursuant to an R/AO/209/2025 0.1727405882505837 order passed by this Court.

2.3 It is further alleged that Defendant No.1 Bank accepted the suit property as security without verifying the title of the property or the authority of the person executing the mortgage deed and without obtaining any title clearance report. According to the plaintiffs, the Bank offic