SUBHASH RAMSWARUP CHOUDHARY v. CANARA BANK AND ORS
WP/11233/2026 · 2026-09-01
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5634 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5634 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10_WP11233_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11233 OF 2026 Subhash Ramswarup Choudhary … Petitioner Vs. Canara Bank and others … Respondents Mr. Chetan Shah for Petitioner. Mr. Charles D’souza (through VC) i/b. Ms. Vaishali Bhilare a/w. Mr. Somesh Talla for Respondent No.1. Mr. Nainesh Amin a/w. Mr. S. Yadav and Mr. Varun C. for Respondent No.7.
CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.
DATE : SEPTEMBER 01, 2026 P.C. : . The petitioner is a third party aggrieved person, who has invoked jurisdiction of the Debts Recovery Tribunal (DRT) under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In Securitisation Application No.121 of 2026, the petitioner has filed Interim Application No.1910 of 2026 seeking interim reliefs including protection of his possession in the subject property.
2. The petitioner is pressing for an appropriate direction to Debts Recovery Tribunal-I, Mumbai (DRT-I) to hear and dispose of the said application at the earliest, particularly in the light of a recent notice issued by respondent No.1 Bank (secured creditor) for taking physical possession of the subject property on 11.09.2026. Respondent No.7 is the auction purchaser.
3. Respondent No.1 Bank and the respondent No.7 auction purchaser are represented by counsel while respondent Nos.2 to 6 are the 1/2 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.09.02 10:44:56 +0530
10_WP11233_26.doc original borrowers / guarantors / mortgagors. We are informed that respondent Nos.2 to 6 have not appeared even before the DRT-I.
4. This Court is of the opinion that a direction for expeditious disposal of the interim application would be in the interest of all the parties, and therefore, issuance of notice to respondent Nos.2 to 6 is dispensed with.
5. The writ petition is disposed of by directing DRT-I, Mumbai to expeditiously consider pending Interim Application No.1910 of 2026 filed by the petitioner in pending Securitisation Application No.121 of
2026. The said application shall be decided on or before 10.09.2026.
6. This Court has not expressed any opinion on the merits of the matter.
7. All rights and contentions of the parties are kept open.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Minal Parab