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2026 DAILYLAW 19646 (BOM)

SURA KRISHNAKUMARI REDDY THR LHRS SURA SWAMI RANGA REDDY v. DEWAN HOUSING FINANCE CO.LTD (NOW KNOWN AS PIRAMAL CAPITAL AND HOUSING FINANCE LTD. )

WP/13927/2026 · 2026-10-15

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 908-wp-13927-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13927 OF 2026 Sura Krishnakumari Reddy (Through Sura Swami Ranga Reddy) …Petitioner Versus Dewan Housing Finance Co. Limited (Now known as Piramal Capital and Housing Finance Limited) ..Respondent ****** Ms. Neha Bhavsar i/b. V.K. Dubey Associates, for the Petitioner. Mr. Alok Mishra, for the Respondent. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 15th OCTOBER, 2026 P.C. : 1. The present writ petition is urgently circulated today in the light of the apprehension of the petitioner that the respondent (secured creditor) may issue sale notice, thereby forfeiting the right of the petitioner to redeem the property. 2. It is submitted that by operation of Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the position of law clarified in that regard by the Supreme Court, once such a notice is Vishal Parekar ….1 VISHAL SUBHASH PAREKAR Digitally signed by VISHAL SUBHASH PAREKAR Date: 2026.10.15 18:00:02 +0530 2 908-wp-13927-2026.doc issued, it results in shutting out the petitioner completely in that regard. 3. It is brought to our notice that physical possession of the secured asset was taken on 08.10.2026. The petitioner filed Securitisation Application (Diary) No. 1542 of 2026 on 06.10.2026, and as on today, the next date of listing before the Debts Recovery Tribunal – II, Mumbai is 28.10.2026. 4. The learned counsel for the petitioner, on instructions, makes a statement that the petitioner would be arranging for payment of the entire outstanding amount within a period of one week from today, and therefore, this Court may consider issuing appropriate directions in the matter. 5. The learned counsel for the respondent secured creditor submits that if such a statement is recorded by this Court, the respondent would refrain from issuing the sale notice for a period of one week. It is submitted that the outstanding amount as on today is Rs. 39,89,045/-. 6. In view of the above, the writ petition is disposed of by recording the statement of the petitioner that the aforesaid Vishal Parekar ….2 3 908-wp-13927-2026.doc outstanding amount shall be paid to the respondent on or before 26.10.2026. 7. The statement on behalf of the respondent is recorded that if the petitioner abides by the aforementioned statement made before this Court, the respondent shall not issue sale notice till 26.10.2026. 8. Needless to say, if the petitioner is not able to abide by the aforesaid statement made before this Court, the respondent secured creditor would be at liberty to proceed further in accordance with law. 9. Writ Petition stands disposed of. 10. Interim Application(s), if any, also stand(s) disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Vishal Parekar ….3