Gujarat High Court
Deendayal Port Trust vs Raj Radhe Finance Limited on 19 July, 2025
NEUTRAL CITATION
C/SCA/9901/2025 ORDER DATED: 19/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9901 of 2025
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DEENDAYAL PORT TRUST
Versus
RAJ RADHE FINANCE LIMITED & ORS.
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Appearance:
MR PARV S GUPTA(11850) for the Petitioner(s) No. 1
MR ARJUN SHETH, ADVOCATE for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 19/07/2025
ORAL ORDER
1. By way of this petition, the petitioner
has approached this Court with the following
reliefs.
“(a) YOUR LORDSHIPS BE PLEASED to a
writ of certiorari, order or any
appropriate writ,l order or direction to
quash and set aside the impugned order
dated 09.07.2025 passed by DRT-II at
Ahmedabad in S.A. No.429 of 2025,
annexed at Annexure A to this petition
and to further quash and set aside the
action of the Respondent Bank under the
provisions of the SARFAESI Act, 2002
such as proceedings under Section 14
culminating into notice issued by the
Ld. Court Commissioner dated 11.07.2025,
annexed at Annexure B in the interest of
justice.
OR, IN THE ALTERNATIVE
(b) YOUR LORDSHIPS BE PLEASED to stay
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NEUTRAL CITATION
C/SCA/9901/2025 ORDER DATED: 19/07/2025
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the action of the Respondent Bank under
the provisions of the SARFAESI Act, 2002
against the Petitioner including the
notice dated 11.07.2025 scheduling to
take possession of the premises on
20.07.2025, annexed at Annexure-B, for a
period of 4 weeks to enable the
Petitioner to exercise their right of
appeal under Section 18 of the SARFAESI
Act, 2002 in the interest of justice.
(c) YOUR LORDSHIPS BE PLEASED restrain
the respondent bank from taking any
action or any further steps under
SARFAESI Act including taking physical
possession of the properties of the
Petitioner pending hearing and final
disposal of this petition.”
2. Heard learned advocate Mr.Parv Gupta for
the petitioner and learned advocate Mr.Arjun
Sheth for respondent No.1, on advance copy.
3. Learned advocate for the petitioner
Mr.Gupta, at the outset, submitted that he would
not really press prayer-9(a) at this stage before
this Court. However, he requested for this
Court’s indulgence so as to have some breathing
time to exercise its right to appeal under
Section 18 of the SARFAESI Act, 2002 against the
impugned order dated 09th July, 2025 passed by
DRT-II, Ahmedabad in S.A. No.429 of 2025.
3.1 Learned advocate Mr.Gupta for the
petitioner submitted that on 09th July, 2025 the
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NEUTRAL CITATION
C/SCA/9901/2025 ORDER DATED: 19/07/2025
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impugned order was passed. Thereafter, it took
2/3 days to get certified copy. However, in the
meanwhile, appeal memo was prepared and sent for
necessary affirmation and approval to the highest
authority of the petitioner Port. Learned
advocate further submitted that thus on 17th July,
2025 he could file appeal before the DRAT,
Mumbai. Learned advocate submitted that as such
DRAT, Mumbai is not in session and the charge has
been given to DRAT, Chennai and therefore, it
takes at least two weeks to get the appeal listed
and heard.
3.2 Learned advocate for the petitioner
further submitted that the present petition is
necessitated because on 20th July, 2025 the
possession of the property is likely to be taken
over and if it happen so, its right to appeal
against the impugned order dated 09th July, 2025
would become infructuous. Accordingly, learned
advocate for the petitioner requested this Court
to show some limited indulgence so that he can
avail statutory right under Section 18 of the
SARFAESI Act, 2002.
4. Per contra, learned advocate Mr.Arjun
Shetah who appears on advance copy for respondent
No.1, vehemently opposed the present petition.
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NEUTRAL CITATION
C/SCA/9901/2025 ORDER DATED: 19/07/2025
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However, with his all fairness, finally, on
instructions, submitted that this Court may grant
breathing time to the petitioner so as to avail
them their statutory right of appeal. However,
learned advocate Mr.Sheth for the respondent No.1
has requested this Court to grant only one week
time, with a further rider that if within that
period any order is not obtained by the
petitioner, liberty may be granted to respondent
No.1 to take over the possession as per
possession order dated 29th March, 2025.
4.1 Requests and submissions made by learned
advocate Mr.Sheth appears to be reasonable.
5. Accordingly, the present petition is
disposed of, without much entering into the
merits of the case, with the following
directions.
(1) The petitioner is hereby directed
to approach the Debt Recovery Appellate
Tribunal, Chennai as expeditiously as
possible by following and complying all
the formalities, so that effective
hearing of the Appeal may take place by
the learned Debt Recovery Appellate
Tribunal, Chennai.
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NEUTRAL CITATION
C/SCA/9901/2025 ORDER DATED: 19/07/2025
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(2) The said exercise shall have to be
completed by the petitioner so as to see
that on or before 28th July, 2025 the
learned Debt Recovery Appellate Tribunal,
Chennai can pass appropriate orders.
(3) It is, however, clarified that the
indulgence granted by this Court is
purely on the ground of conveniency and
thereby, needless to clarify that there
shall not be any further indulgence by
this Court.
6. It is further made clear that if the
petitioner fails to get any order from the DRAT,
Chennai on or before 28th July, 2025, respondent
No.1 shall be at liberty to take recourse of law
for taking over the possession of the property in
question pursuant to possession order dated 29th
March, 2025 read with notice dated 11th July,
2025.
(NIRAL R. MEHTA,J)
ANUP
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