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Bombay High Court

ICICI HOME FINANCE COMPANY LTD AND ANRversusKHADIJA ABDULHUSAIN KHEDWALA

Decided
Disposal
Disposed Off

Holding

The Court declined to interfere with the merits and disposed the petition by directing the filing of affidavits and ordering the DRT to hear both interim applications on 29 October 2026.

Summary

The petitioners, ICICI Home Finance Co. Ltd., a secured creditor, challenged a Debt Recovery Tribunal (DRT) order that imposed a status quo on a property pending a hearing on 29 October 2026. The petitioners argued that the order was premature, preventing them from taking possession and was based on false statements by the respondents. The respondents contended that the DRT order was proper, that the matter was listed for hearing, and that the petitioners could appeal to the Debt Recovery Appellate Tribunal. The High Court observed that the matter was already scheduled before the DRT and declined to interfere with the merits, instead directing the parties to file affidavits and directing the DRT to hear both interim applications on the scheduled date. The Court disposed of the writ petition without making any substantive findings on the parties' claims.

Issues considered

  • Whether the High Court should stay or set aside the DRT's interim order of status quo pending the scheduled hearing.
  • Whether the petitioners have an alternative remedy of appeal before the Debt Recovery Appellate Tribunal, rendering the writ petition inadmissible.
  • What procedural directions are appropriate to ensure the pending interim applications are heard and disposed of by the DRT.

Legislation cited

Subjects

  • writ petition
  • status quo
  • Debt Recovery Tribunal
  • SARFAESI Act
  • secured creditor
  • interim application
  • property possession
  • procedural direction

Judgment

                                                                                  911-WP-13014-2026.doc



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION
                                   WRIT PETITION NO. 13014 OF 2026

              ICICI Home Finance Company Limited and another                 … Petitioners
                          Versus
              Khadija Abdulhusain Khedwala and others                        … Respondents
                                                     ******
SWEETY
              Mr. Nikhil Rajan, i/b V. Deshpande & Co., for Petitioners.
RAJU
BHALERAO
              Mr. Kaustubh S. Pawar (through VC), a/w Mr. Shreyas P. Barsawade, for
Digitally
              Respondent No. 1.
signed by
SWEETY RAJU
BHALERAO
Date:
2026.10.09
                                                     ******
18:31:06
+0530

                                                   CORAM :        MANISH PITALE &
                                                                  SHREERAM V. SHIRSAT, JJ.
                                                      DATE : 09th OCTOBER 2026.
              PC:


              1.       Heard learned counsel for the petitioners and contesting Respondent

              No. 1.


              2.       This is a fresh petition listed for consideration today.


              3.       Petitioner No. 1 is a secured creditor, aggrieved by the impugned

              order dated 10/09/2026 passed by the Debt Recovery Tribunal, Pune, (DRT).

              By the said order, the DRT has directed the parties to maintain status quo in

              respect of the subject property till the next date of listing, i.e. 29/10/2026.


              4.       The said order has been passed in Interim Application No. 3490 of

              2026, filed by the contesting respondents in Securitisation Application No.


               Bhalerao                                                                             1
                                                                 911-WP-13014-2026.doc


764 of 2026, which has been filed in order to challenge steps taken by

Petitioner   No.   1   under   the   provisions   of   the   Securitisation     and

Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002 (SARFAESI Act).


5.     The contesting respondents claim to be third party purchasers from

Respondent No. 4 - developer and the order of status quo has been granted

at their behest.


6.     The learned counsel for the petitioners vehemently submits that the

impugned order deserves to be set aside and in any case, it needs to be

stayed forthwith, for the reason that DRT has issued such a drastic order of

maintaining status quo at the time when the petitioner secured creditor was

about to take physical possession of the subject property, without any

discussion on the merits of the matter and without examining as to whether

the contesting respondents had made out a prima facie case in their favor. It

is further stated that the contesting respondents have made false statements

on affidavit with regard to refusal to accept notice on the part of the

petitioners. On this basis, it is submitted that this Court may grant interim

stay of the impugned order.


7.     The learned counsel appearing for contesting Respondent No. 1

submits that the statements made in the affidavit placed before the DRT


 Bhalerao                                                                          2
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were correct and that since the proceedings are now listed before the DRT on

29/10/2026, there is no reason for passing any urgent orders in this writ

petition. It is further submitted that alternative remedy of filing appeal

before the Debt Recovery Appellate Tribunal (DRAT) is available to the

petitioners and therefore, the writ petition may not be entertained.


8.     We are of the opinion that since the proceedings are now listed before

the DRT on 29/10/2026, the writ petition can be disposed of by issuing

appropriate directions. Such directions would address the apprehension

expressed on behalf of the petitioners. This is necessitated in the light of

another fact brought to the notice of this Court by the petitioners to the

effect that, in the interregnum, the petitioners have already filed Interim

Application (Diary) No. 3750 of 2026 in the pending Securitisation

Application, seeking a direction to vacate the status quo.


9.     In view of the above, the writ petition is disposed of as follows:


                (a) The petitioners shall file reply affidavit in Interim
                Application No. 3490 of 2026, filed by the contesting
                respondents on or before 19th October 2026. Rejoinder
                affidavit, if any, shall be filed by the contesting
                respondents in the said application on or before
                26/10/2026.


                (b) The contesting respondents are directed to file their
                reply affidavit in Interim Application (Diary) No. 3750 of


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                2026, filed by the petitioners for vacating the order of
                status quo. The said reply affidavit shall be filed on or
                before 19th October 2026. Rejoinder affidavit, if any, on
                behalf of the petitioners shall be filed on or before
                26/10/2026.


                (c) DRT Pune shall take up both the interim applications,
                i.e. Interim Application No. 3490 of 2026 and Interim
                Application (Diary) No. 3750 of 2026 for consideration
                and hearing on 29/10/2026. The DRT is directed to take
                up both the applications for hearing and disposal on the
                said date. It is further specifically directed that both the
                applications shall be disposed of by DRT Pune on the same
                day, i.e. on 29/10/2026.


10.    With these directions, the writ petition is disposed of. Pending

applications, if any, stand disposed of.


11.    It is made clear that this Court has not made any observations on the

merits of the matter or the allegations and counter-allegations made on

behalf of the parties.


12.    All rights and contentions of the parties are kept open.




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




 Bhalerao                                                                            4


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