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2026 DAILYLAW 7971 (BOM)

KHANDELWAL TUBE MILLS KAMGAAR SANGH THR. ITS SECRETARY LALSINGH S. YADAV v. ASSET RECONSTRUCTION COMPANY ASREC ( INDIA) LIMITED AND ORS

WP/11541/2026 · 2026-09-10

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Judgment text

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17_WP_11541_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11541 OF 2026 Khandelwal Tube Mills Kamgar Sangh, Through Secretary Lalsingh S. Yadav … Petitioner vs. Asset Reconstruction Company (India) Limited and others … Respondents Ms. Somya Tripathi, i/b. T. N. Tripathi & Co. for petitioner. Ms. Vaishali Bhilare for respondent No.1. Mr. Somnath Iyer (through V.C.) for respondent No.2. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE : 10th SEPTEMBER, 2026 P.C. : . Heard learned counsel for the parties. 2. At the outset, the learned counsel for the petitioner seeks permission to amend the representation of respondent No.1 in the cause title and to delete the alphabets ‘ASREC’ erroneously stated therein. 3. In the interest of justice, leave is granted to the petitioner to carry out the aforesaid amendment. Amendment be carried out forthwith. 4. The union of the workers/employees of respondent No.2 has filed this petition, seeking a direction to the Debts Recovery Tribunal – I, Mumbai (DRT) to hear and decide pending Original Application No.66 of 2005 in a time bound manner. 1/2 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2026.09.11 10:35:32 +0530 17_WP_11541_26.doc 5. Respondent No.1 is the creditor and respondent No.2 is the debtor. Both are represented by counsel and they do not have any objection for appropriate direction being issued for expeditious disposal of the application. 6. Respondent No.3 is the presiding officer of DRT. We are of the opinion that in such matters, the tribunals/presiding officers should not be made parties. 7. We find substance in the contention raised on behalf of the petitioner – Union that it is only after the disposal of the aforesaid original application, that the petitioner will be able to pursue its claim towards workers dues at the stage of execution of recovery certificate. Delay in disposal of the aforesaid application is obviously postponing the stage at which the petitioner – Union can stake its claim and ensure that the dues of the workers are disbursed expeditiously. 8. In view of the above, the writ petition is disposed of by directing the DRT to finally hear and dispose of Original Application No.66 of 2005, as expeditiously as possible and in any case, on or before 31.12.2026. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Priya Kambli