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2025 DAILYLAW 2534 (BOM)

Krishna Autocomp v. Bank of India

WP/16460/2025 · 2026-07-10

Shri Manish Pitale, Shri Shreeram Vinayak Shirsat

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

908-WP-16460-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16460 OF 2025 Krishna Autocomp and Ors . Petitioners Vs. Bank of India and Ors . Respondents ------------------ Mr. Mangesh Makan Patel, for Petitioners. Mr. Anant B. Shinde, i/b Anant B. Shinde and Co., for Respondent Nos. 1 and 2. -------------------- CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 10th JULY 2026. PC: 1. Although the learned counsel appearing for the Petitioners and the Respondent Bank have sought to make detailed submissions in the matter, we are of the opinion that the writ petition can be conveniently disposed of by issuing an appropriate direction to the Debt Recovery Tribunal-II, Mumbai, which is in charge of Debt Recovery Tribunal-III (DRT) to consider and pass appropriate orders in the pending interim applications and securitisation application filed on behalf of the Petitioners. 2. We are informed that the next date fixed for taking physical possession of the secured asset is 28th July 2026 and that the securitisation application filed by the Petitioners along with pending interim Bhalerao 1 of 2 908-WP-16460-2025.doc applications is listed before the DRT on 13th July 2026. 3. In the light of the events that have taken place with regard to the physical possession of the secured asset being taken on earlier occasions, the Petitioners seek a limited direction to the DRT to consider the pending interim applications for appropriate ad-interim/interim orders. 4. Since the proceedings are already listed before the DRT on 13th July 2026, we direct the DRT to positively take up the interim applications filed by the Petitioners in their pending Securitisation Application No. 279 of 2024 and to consider the question of passing ad-interim/interim orders in the matter. This Court is not expressing any opinion on the merits of the matter. All rights and contentions of the parties are kept open. 5. In the event, the DRT is unable to consider the pending proceedings on the question of ad-interim/interim reliefs on 13th July 2026, in any case, appropriate orders in the matter shall be passed on or before 16th July 2026. 6. The writ petition is disposed of in the above terms. Pending applications, if any, also stand disposed of. 7. Learned counsel appearing for the Respondent Bank has tendered reply affidavit, which is taken on record. (SHREERAM V. S+HIRSAT, J.) (MANISH PITALE, J.) Bhalerao 2 of 2