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NEUTRAL CITATION

C/SCA/4347/2026 ORDER DATED: 30/03/2026

0.9596109737786925

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 4347 of 2026

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SHREENATHJI COTTON AND OIL INDUSTRIES A PARTNERSHIP FIRM &

ORS.

Versus DEBTS RECOVERY TRIBUNAL -II, AHMEDABAD THROUGH ITS

REGISTRAR & ORS.

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Appearance:

MR MITUL K SHELAT SENIOR ADVOCATE WITH MR PRERAK P OZA(8279) for the Petitioner(s) No. 1,2,3,4,5,6

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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

Date : 30/03/2026

ORAL ORDER

[1] By way of this petition, the petitioner has approached

this Court with the following reliefs:

“8(a) that this Hon’ble Court may be pleased to issue any appropriate writ, order or direction directing the Ld. Debts Recovery Tribunal – II, Ahmedabad – Respondent No.1 to take up, hear and finally decide the petitioner’s Securitization Application No.155 of 2020 (Annex. ‘A’) on an urgent basis and within a fixed time frame as may be deemed fit by this Hon’ble

Court in the interest of justice;

(b) That this Hon’ble Court be pleased to pass any such other order as may be deemed necessary on the facts and in the

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NEUTRAL CITATION

C/SCA/4347/2026 ORDER DATED: 30/03/2026

0.9596109737786925

circumstances of the case, in the interest of justice, equity and good conscience.”

[2] Heard learned Senior Advocate Mr. Mitul K. Shelat

assisted by learned advocate Mr. Prerak Oza for the petitioner.

[3] Considering the prayer, as such the said prayer is innocuous in nature and for granting the same, there shall not be any requirement of issuance of notice upon any one of the respondents. However, it is noticed by this Court that over and above the statutory provisions under Section 17(5) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (for short, “the SARFAESI Act”), this Court, vide order dated 18^th August 2023, passed the following directions in R/Special Civil Application No.8152 of

2023:

“15. In view of the above discussion, observations and conclusions, the following directions are passed by this Court:-

… …

(ii) Considering that the learned Tribunal had kept the matter for final hearing, it would also be open for the petitioner

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NEUTRAL CITATION

C/SCA/4347/2026 ORDER DATED: 30/03/2026

0.9596109737786925

to, in the alternative to the above, request the learned DRT to dispose of the application at the earliest and whereas, in case such application is received, the learned Tribunal shall endeavor to decide the main securitisation application within a period of

sixty (60) days from the date of receipt of such application.”

[4] Thereafter also, in the case of Shree Hari Oil Industries through Partner Kirit Kumar Jivarajbhai Panara vs. Indian Bank and others [Special Leave Petition (Civil) Diary No.40302 of 2023], the Hon’ble Apex Court, vide order dated 13^th October 2023, has permitted the petitioner therein to request for expeditious disposal of Securitisation Application No.155 of 2020

pending before the Debts Recovery Tribunal.

[5] Considering the aforesaid peculiar facts and circumstances and the specific directions issued by this Court, it appears that the learned Debts Recovery Tribunal has not decided the Securitisation Application No.155 of 2020 within the statutory time as per Section 17(5) of the SARFAESI Act and has also not

complied with the directions of this Court.

[6] Thus, the Registry is hereby directed to call upon the

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NEUTRAL CITATION

C/SCA/4347/2026 ORDER DATED: 30/03