Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 2762 (BOM)

PHOENIX ARC LIMITED v. REGISTRAR DEBTS RECOVERY TRIBUNAL I MUMBAI AND ORS

WP/8183/2026 · 2026-07-10

Shri Manish Pitale, Shri Shreeram Vinayak Shirsat

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

6_WP8183_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8183 OF 2026 Phoenix ARC Limited … Petitioner Vs. Registrar Debts Recovery Tribunal I Mumbai and others … Respondents Mr. Manaswi Agrawal a/w. Mr. Sharanya Shivaraman and Mr. Vishal Latange for Petitioner. None for Respondents. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : JULY 10, 2026 P.C. : . The petitioner has approached this Court in peculiar circumstances seeking a direction for the actual issuance of recovery certificate. It is the case of the petitioner that although an order for issuing such recovery certificate was passed as far back as on 12.01.2024 by the Debts Recovery Tribunal-I, Mumbai (DRT), the administrative act of actually issuing the recovery certificate has not been carried out despite the fact that more than 2 ½ years have gone by. 2. This Court finds it surprising that the petitioner is required to knock the doors of the writ court for such a relief. 3. It is brought to our notice that mentioning was also made before the DRT with respect to the aforesaid grievance of the petitioner but till date, the recovery certificate has not been issued. 4. The document at exhibit-G is a copy of the order dated 12.01.2024 passed by the DRT, which reads as follows:- “1. By way of the present TMA the Applicant is praying that the Recovery certificate may be issued as the Defendant 1/3 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.07.10 17:41:28 +0530 6_WP8183_26.doc fail to abide the terms of the consent term which are arrived between the parties and recorded in the order dt.03/07/2015. 2. Heard Ld. Counsel for the Applicant. 3. In view of the facts mentioned in present TMA, the same is hereby allowed and Recovery Certificate is issued for an amount of Rs.17,32,00,000/- as on 01/04/2015 alongwith interest @24% p.a. compounded monthly as prayed. 4. With the above said direction the present TMA is disposed off. File be closed and consigned to record.” 5. The petitioner has specifically pleaded in paragraph 4(i) and (j) as follows:- “i. Despite the Order passed in the MA, Respondent No.1 has failed to issue a Recovery Certificate in the MA. Since the passing of the Order, the Petitioner has been taking steps to pursue Respondent No.1 for issuance of the Recovery Certificate. The Petitioner has also mentioned the MA before the Learned Presiding Officer, the Debts Recovery Tribunal – I, Mumbai on various occasions, to pursue the issuance of the Recovery Certificate in accordance with the Order passed in the MA. Despite the aforesaid, Respondent No.1 has failed and neglected to issue the Recovery Certificate. j. It would not be out of place to mention that the Learned Presiding Officer, Debts Recovery Tribunal – I, Mumbai who passed the Order in the MA, has since demitted office. However, the new Presiding Officer had taken charge with effect from January 16, 2025. In these circumstances, the Recovery Certificate ought to be issued in favour of the Petitioner forthwith in accordance with the Order dated January 12, 2024 passed in the MA.” 6. Considering the said grievance raised on behalf of the petitioner, we are inclined to dispose of this writ petition by issuing an appropriate direction. 7. The writ petition is disposed of by directing that the recovery certificate shall be issued in favour of the petitioner within three weeks 2/3 6_WP8183_26.doc from today. 8. Pending application, if any, stands disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 3/3 Minal Parab