Bombay High Court

BANK OF MAHARASHTRA THROUGH ITS CHIEF MANAGERversusTHE ADDITIONAL DISTRICT MAGISTRATE DHARASHIV AND ANOTHER

Disposal: DISPOSED OFF

Holding

The writ petition is withdrawn and disposed of, with permission granted to the petitioner to approach the DRT.

Summary

The Bank of Maharashtra filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order of the Additional District Magistrate, Dharashiv. The petitioner sought relief, but the Court was not inclined to grant it. The petitioner’s counsel then requested permission to withdraw the petition and to approach the Debt Recovery Tribunal (DRT) instead. The Court granted permission to withdraw and disposed of the writ petition as withdrawn. The Court also observed that, in the absence of any interim order from the DRT in favour of the borrower, the Tehsildar is empowered to execute the order.

Subjects

withdrawal of writ petition
Debt Recovery Tribunal
execution of order
Tehsildar
bank litigation

Judgment

2026:BHC-AUG:39095-DB
                                                    1                       41.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                         41 WRIT PETITION NO. 10669 OF 2026

                BANK OF MAHARASHTRA THROUGH ITS CHIEF MANAGER
                                     VERSUS
           THE ADDITIONAL DISTRICT MAGISTRATE DHARASHIV AND ANOTHER
                                             ...


                        Advocate for the Petitioner : Mr. Adwant S.V.
                        AGP for Respondent/State : Mr. N.D. Batule
                                              …
                                           CORAM        : NITIN B. SURYAWANSHI AND
                                                          ABASAHEB D. SHINDE, JJ.
                                             DATE       : 27.08.2026

                PER COURT :
                .     After arguing for sometime, when this Court was not inclined to
                grant relief, learned Advocate for the petitioner seeks permission to
                withdraw the petition with liberty to approach the Debts Recovery
                Tribunal (DRT). Permission is granted. Writ Petition is disposed of as
                withdrawn.

                2.    We may observe that, since there is no interim order passed by
                the DRT in favour of the borrower, the Tehsildar can execute the order.




                ( ABASAHEB D. SHINDE, J. )               ( NITIN B. SURYAWANSHI, J. )




   vsj..

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