Bombay High Court
SUBHASH RAMSWARUP CHOUDHARYversusCANARA BANK AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court directed the DRT‑I, Mumbai to decide the pending interim application by 10‑09‑2026, dispensing with notice to respondents Nos.2‑6.
Summary
The petitioner, a third‑party aggrieved person, invoked the jurisdiction of the Debts Recovery Tribunal (DRT) under the SARFAESI Act, 2002, filing an interim application seeking protection of possession of a property. Respondent No.1, a bank, issued a notice to take physical possession of the property on 11‑09‑2026, and Respondent No.7 is the auction purchaser. The petitioner sought a direction from the High Court for the DRT to hear and dispose of the interim application expeditiously. The Court held that directing the DRT to dispose of the application promptly was in the interest of all parties and dispensed with the need to issue notice to respondents No.2‑6, who had not appeared before the DRT. Accordingly, the Court ordered the DRT‑I, Mumbai to decide the interim application on or before 10‑09‑2026, without expressing any view on the merits, and kept all parties' rights and contentions open.
Issues considered
- What authority does the High Court have to direct the DRT to expedite an interim application under the SARFAESI Act?
- Whether notice to non‑appearing respondents (Nos.2‑6) can be dispensed with in such a direction.
Legislation cited
Subjects
- writ petition
- Debts Recovery Tribunal
- interim relief
- possession
- SARFAESI Act
- expeditious disposal
- third‑party aggrieved
Judgment
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
MINAL Digitally signed
by MINAL
SANDIP
PARAB
SANDIP PARAB
Date: 2026.09.02
10:44:56 +0530
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
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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.)
Minal Parab
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