Bombay High Court
M/S. KALPAK POLYPLASTIC INDUSTRIES AND ORSversusCENTRAL BANK OF INDIA
- Decided
- Disposal
- Disposed Off
Holding
The Court directs the DRT‑II, Mumbai to consider and dispose of Interim Application No.2194 of 2026 within six weeks, without expressing any opinion on the substantive contentions.
Summary
M/s. Kalpak Polyplastic Industries and others filed a writ petition seeking a limited direction to the Debt Recovery Tribunal (DRT‑II, Mumbai) to consider and dispose of their interim applications for waiver of pre‑deposit and an interim stay. The respondents, Central Bank of India, argued that Section 30A of the Recovery of Debts and Bankruptcy Act, 1993 makes pre‑deposit mandatory and that waiver cannot be granted. The High Court, while not expressing any view on the merits, ordered the DRT‑II to hear and dispose of Interim Application No.2194 of 2026 as expeditiously as possible, and in any event within six weeks. The Court clarified that all rights and contentions of the parties remain open. The writ petition and any pending applications were thereafter disposed of.
Issues considered
- Whether the High Court can issue a direction to the DRT‑II to expedite consideration of an interim application for waiver of pre‑deposit.
- Whether Section 30A of the Recovery of Debts and Bankruptcy Act, 1993 mandates a pre‑deposit that cannot be waived.
Legislation cited
Subjects
- Writ petition
- Debt Recovery Tribunal
- pre‑deposit
- Section 30A
- interim application
- expeditious disposal
Judgment
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.
MINAL Digitally signed
by MINAL
SANDIP SANDIP PARAB
PARAB
Date: 2026.08.27
15:45:43 +0530
4. We are of the opinion that since the petitioners are seeking a
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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.)
Minal Parab
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