Gujarat High Court
Aparna Bariwal vs The Presiding Officer on 12 February, 2026
NEUTRAL CITATION
C/SCA/1758/2026 ORDER DATED: 12/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1758 of 2026
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APARNA BARIWAL & ANR.
Versus
THE PRESIDING OFFICER & ANR.
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Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1,2
MR. SANDIP C BHATT(6324) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 12/02/2026
ORAL ORDER
1. By the present writ petition, the petitioner is praying
for the following reliefs in respect of the proceedings under
the SARFAESI Act, 2002.
“(A) YOUR LORDSHIPS be pleased to allow this application;
(B) YOUR LORDSHIPS be pleased to call for the record and
proceedings of DRT case record of SA 97 of 2023 and MA 55 of
2025 from the DRT2 at Ahmedabad and after perusing the same
be pleased to quash possession taken by bank via court
commissioner on 11.01.2026 and direct to bank to restore
possession of the property of Aparna Bariwal and set aside order
in the interest of justice;
(C) YOUR LORDSHIPS be pleased to direct Respondent bank
of to Release the property Mrs. Aparna Bariwal property no 1
Property Index (Annexure K) Attached herewith.
(D) YOUR LORDSHIPS be pleased to. direct Respondent
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NEUTRAL CITATIONC/SCA/1758/2026 ORDER DATED: 12/02/2026
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bank to exercise option of The SARFAESI act under Section 13
Enforcement of security interest read rule 9 to pay all dues of
others and secured creditor liabilities too by auction principal
borrower mortgaged property in bank.
(E) YOUR LORDSHIPS be pleased to grant such other and
further reliefs as deemed fit in the interest of justice.”
2. The petitioner has an alternative efficacious remedy
before the learned Debts Recovery Tribunal. In view of the
judgment passed by the Hon’ble Apex Court in the case of
PHR Invent Educational Society v. UCO Bank & Ors. reported in
(2024) 6 SCC 579, the present writ petition is not
entertained.
3. The petitioner shall be at liberty to initiate appropriate
proceedings in accordance with law. It is clarified that this
Court has not gone into the merits of the case and no
opinion is expressed thereon. All the contentions raised in
the present writ petition are kept open.
4. The present writ petition is accordingly disposed of.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
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