Bombay High Court
KHANDELWAL TUBE MILLS KAMGAAR SANGH THR. ITS SECRETARY LALSINGH S. YADAVversusASSET RECONSTRUCTION COMPANY ASREC ( INDIA) LIMITED AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court directed the DRT to finally hear and dispose of Original Application No.66 of 2005 by 31‑December‑2026.
Summary
The Bombay High Court entertained a writ petition filed by the Khandelwal Tube Mills Kamgar Sangh seeking a direction to the Debt Recovery Tribunal (DRT) – I, Mumbai, to hear and dispose of Original Application No.66 of 2005 on a time‑bound basis. The petitioner also requested permission to amend the representation of Respondent No.1 to delete the erroneous abbreviation ‘ASREC’, which the Court allowed. Both the creditor (Respondent No.1) and the debtor (Respondent No.2) consented to an expeditious disposal and raised no objection to the direction. The Court observed that the presiding officer of the DRT should not be made a party to the proceedings. It held that the delay in disposing the original application was preventing the union from pursuing workers’ dues at the execution stage. Consequently, the writ petition was disposed by directing the DRT to finally hear and dispose of the original application by 31‑December‑2026.
Issues considered
- Whether the High Court can direct the Debt Recovery Tribunal to dispose of a pending application within a specified time‑frame.
- Whether the presiding officer of the DRT can be made a party to the writ petition.
- Whether amendment of the representation of a respondent to correct a typographical error is permissible.
Subjects
- writ petition
- Debt Recovery Tribunal
- time‑bound disposal
- workers' dues
- amendment of parties
- procedural direction
Judgment
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.
Digitally signed
PRIYA
by PRIYA
KAMBLI
KAMBLI Date:
2026.09.11 1/2
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.)
Priya Kambli
2/2
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