IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5007 of 2026 ==========================================================

GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD.

Versus RAMAVTAR J. CHOUKHANY & ORS.

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Appearance:

MR RD DAVE(264) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 16/04/2026

ORAL ORDER

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

1. The present petition invoking extraordinary supervisory jurisdiction of the High Court has been filed challenging the order dated 13.01.2026 passed by the Judge, Commercial Court, City Civil Court, whereby the application Exh.20 filed by the judgment debtor no.3 in Commercial Execution Petition No.56 of 2024 has been allowed directing the judgment creditor/decree holder/ petitioner herein to file particulars on oath qua the particulars asked by the judgment debtor in the said application. A perusal of the application Exh.20 indicates that the judgment debtor required particulars from the judgment creditor/ decree holder as follows:-

“11. …………

complete and duly audited Statements of Account pertaining to Loan Folio Nos.GS/2452/A/M and GS/2452/B/R and disclose all recoveries and appropriations from the date of default till the date of filing of the Execution Petition;

B. Direct the Decree Holder to disclose and produce all original records, documents, and material particulars relating to the attachment and sale of the mortgaged property situated at Village Chhatral, Taluka Kalol, District Mehsana along with all the movable properties including the machinery and plants, including:-

I. details and identity of the property sold and the purchaser(s);

ii. date(s), mode and manner of auction or realization;

iii. Valuation undertaken and reserve price fixed for the auction/sale;

iv. sale consideration actually received;

v. manner of appropriation/ adjustment of sale proceeds towards principal, interest and other charges;

and vi. the balance amount, if any claimed as outstanding;

C. Declare on oath that the continuation of Loan Folio No.GS/2452/A/M after rescheduling was contrary to the understanding between the parties, and that the said folio stood closed upon the creation of Loan Folio No.GS/2452/B/R;

verifying the above particulars and explaining the accounting treatment and reconciliation between the said two folios;”

2. The only reasoning given by the Commercial Court for allowing the said application is that in doing so, i.e. in filing particulars on oath, the judgment creditor has nothing to lose, rather whatever is the truth will come on surface.

3. Let Notice be issued to the respondent nos.1 to 5 through Registered Post A.D./Speed Post returnable on 18.06.2026.

Necessary steps be taken within a period of one week.

4. Put up this matter on 18.06.2026. Till the next date of listing, effect and operation of the judgment and order dated 13.1.2026 on application-Exh.20 filed in Commercial Execution Petition no.56 of 2024 shall be kept in abeyance. However, the Commercial Court shall continue to proceed with the execution proceedings diligently and the pendency of the present petition is not to be treated as stay of the execution proceedings.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J)

R.S. MALEK