Lytebrick Build LLP Vs Authorized Officer of Bank of India & Anr. (Gujarat High Court)
SEO Title: Gujarat HC Dismisses SARFAESI Plea Over Petitioner’s Delay
The petitioners, Lytebrick Build LLP, approached the Gujarat High Court under Article 226 of the Constitution of India seeking a writ to restrain Bank of India from taking any further actions under the SARFAESI Act, specifically from taking physical possession of the properties in question on September 21, 2025, or any day thereafter. The petitioners requested this restraint until their pending Miscellaneous Appeal (D) No.1538 of 2025 in Securitisation Application No.201 of 2025 was adjudicated by the Debts Recovery Appellate Tribunal (DRAT) at Mumbai, whose charge was with the Chennai Bench.
The petitioners argued that they had filed the appeal before the DRAT, Mumbai, but were unable to secure an immediate listing because the Mumbai DRAT charge was with the Chennai Bench. They requested the High Court to grant some “breathing time” and accommodation to allow them to attempt the listing of their appeal and secure an effective hearing, arguing that possession being taken would render their appeal redundant.
The Respondent Bank vehemently opposed the petition. They pointed out that the order passed by the Debts Recovery Tribunal (DRT) was dated September 20, 2025, and the petitioners filed their appeal at the DRAT on the very next day, September 21, 2025. However, the Respondent’s Senior Advocate submitted that the appeal was not listed due to the petitioners’ non-removal of office objections, and not due to the non-availability of the Bench. They argued that the petitioners were not vigilant enough to pursue the adjudication of their appeal, making the High Court’s intervention unwarranted.
