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Bombay High Court

NIMISH KISHOR THAKKAR AND ORSversusCHOLAMANDALAM INVESTMENT AND FINANCE CO LTD

Decided
Disposal
Disposed Off

Holding

The Court extended the protection deferring physical possession of the property for a period of two weeks from the date of the order.

Summary

The High Court considered an interim application filed by borrowers seeking to defer physical possession of a mortgaged property after they deposited Rs.1 crore as required by an earlier order. The secured creditor reported that an auction scheduled for 15 September 2026 failed due to lack of bidders and that a securitisation application (No.77 of 2025) was pending before the Debt Recovery Tribunal (DRT). The Court held that the protection deferring possession should continue for an additional two weeks from the date of the order. It directed the borrowers to file a fresh interim application before the DRT within that period, with the DRT to decide it independently of the writ petition. An advance copy of any such application must be served on the secured creditor, who may oppose it as per law. The interim application was therefore disposed with these directions.

Issues considered

  • What relief, if any, should be granted to defer the physical possession of the subject property?
  • Whether the protection granted earlier can be extended for a further period?
  • Whether the DRT can entertain a fresh interim application filed by the borrowers without being bound by the High Court's order in the writ petition.

Subjects

  • interim relief
  • possession
  • auction
  • Debt Recovery Tribunal
  • securitisation
  • secured creditor
  • High Court of Bombay

Judgment

                                                                                         6_IA_7221_26.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                           INTERIM APPLICATION NO. 7221 OF 2026
                                                            IN
                                              WRIT PETITION NO. 10438 OF 2026

                            Nimish Kishor Thakkar and others                    …      Applicants

                            In the matter between:
                            Cholamandalam Investment and Finance Co. Ltd. …            Petitioner
                                        vs.
                            State of Maharashtra and others               …            Respondents

                            Dr. Virendra Tulzapurkar, Senior Advocate, a/w. Mr. Mandar Soman, i/b.
                            Ms. Prachi Kolambekar for applicants.
                            Mr. Sanjay Sahadeo Anabhawane for petitioner (secured creditor).
                            Mr. B. V. Samant, Addl. GP a/w. Ms. Tanu N. Bhatia, AGP for respondents –
                            State authorities.


                                                             CORAM :      MANISH PITALE &
                                                                          SHREERAM V. SHIRSAT, JJ
                                                             DATE    :    07th OCTOBER, 2026
                            P.C. :


                            .        As per order dated 11.09.2026, the exercise of taking physical
                            possession on the said date was deferred, subject to the condition of
                            depositing the amount of ₹ 1 crore. The learned counsel for the
                            applicants/borrowers submits that the said amount has been
                            deposited/paid to the petitioner – secured creditor.


                            2.       The learned counsel for the petitioner – secured creditor
                            informs this Court that an attempt at auction sale of the subject
                            property fixed for 15.09.2026, did not succeed as no bidders came
                            forward. It is also an admitted position that Securitisation
                            Application No.77 of 2025 filed by the applicants/borrowers is
                            pending before the Debts Recovery Tribunal – I, Mumbai (DRT).
         Digitally signed
         by PRIYA
PRIYA    KAMBLI
KAMBLI   Date:
         2026.10.07
         15:00:49 +0530
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                                                                          6_IA_7221_26.doc



               3.    In view of the events that have taken place pursuant to the
               order dated 11.09.2026, it would be appropriate that the interim
               application is disposed of with directions to the applicants as well as
               the DRT.


               4.    Interim Application is disposed of by directing that the
               protection of deferring the exercise of taking physical possession of
               the subject property, shall continue to operate for a period of two
               weeks from today.


               5.    In the meanwhile, the applicants/borrowers are at liberty to
               move a fresh interim application in the aforesaid pending
               securitisation application, to claim such interim reliefs as may be
               advised.


               6.    The DRT is directed to take up such application, if filed by the
               applicants/borrowers within the aforesaid period of two weeks, for
               appropriate orders on ad-interim/interim reliefs. An advance copy of
               such application shall be served upon the petitioner – secured
               creditor, who shall be at liberty to oppose the prayers made in such
               interim application, in accordance with law.


               7.    The DRT shall proceed to consider such an application, if filed
               within the period of two weeks, strictly in accordance with law and
               without being influenced by the order passed in the writ petition and
               this interim application.




               (SHREERAM V. SHIRSAT, J.)                        (MANISH PITALE, J.)



Priya Kambli
                                                                                      2/2


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