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2026 DAILYLAW 4271 (BOM)

M/S. KALPAK POLYPLASTIC INDUSTRIES AND ORS v. CENTRAL BANK OF INDIA

WP/10926/2026 · 2026-08-27

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Judgment text

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16_WP10926_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10926 OF 2026 M/s. Kalpak Polyplastic Industries and others … Petitioners Vs. Central Bank of India … Respondent Mr. Rupak Sawangikar a/w. Mr. Pranav Pramod Rane i/b. Mr. Pranav Pramod Rane for Petitioners. Adv. Somya i/b. T. N. Tripathi & Co. for Respondent. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : AUGUST 27, 2026 P.C. : . Mr. Sawangikar, learned counsel for the petitioners is pressing for limited relief in this writ petition pertaining to a direction to the Debts Recovery Tribunal - II, Mumbai (DRT-II) to consider and pass order on Interim Application Nos.2194 of 2026 and 2099 of 2026 filed in Appeal (D) No.131 of 2026. 2. These applications pertain to prayers of the petitioners for waiver of pre-deposit and for interim stay. It is submitted that the application seeking waiver of pre-deposit will have to be heard first in point of time and on that basis, a direction is sought for early disposal of the said application. 3. The learned counsel for the respondent Bank submits that a proper reading of Section 30A of Recovery of Debts and Bankruptcy Act, 1993 would show that pre-deposit is mandatory and that the respondent bank is entitled to contend before the DRT-II that waiver cannot be granted. 4. We are of the opinion that since the petitioners are seeking a 1/2 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.08.27 15:45:43 +0530 16_WP10926_26.doc limited direction to DRT-II, the writ petition can be disposed of by issuing appropriate directions. 5. The writ petition is disposed of by directing the DRT-II, Mumbai to consider and dispose of Interim Application No.2194 of 2026 as expeditiously as possible and in any case, within six weeks from today. 6. It is made clear that this Court is not expressing any opinion either way on the contentions raised by the rival parties. All rights and contentions of the parties are kept open. 7. Pending applications, if any, in this writ petition are also disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Minal Parab