Bombay High Court
Krishna AutocompversusBank of India
- Decided
- Disposal
- Disposed Off
Holding
The High Court directed the Debt Recovery Tribunal-II, Mumbai, to consider the pending interim applications and, if not done on 13 July 2026, to pass appropriate orders by 16 July 2026, without expressing any view on the merits.
Summary
The petitioners, Krishna Autocomp and others, filed a writ petition seeking a limited direction to the Debt Recovery Tribunal-II, Mumbai, to consider pending interim applications and a securitisation application concerning a secured asset whose physical possession was scheduled for 28 July 2026. The respondents, Bank of India, opposed the direction but did not dispute the procedural request. The High Court, noting that the DRT had already listed the matters for hearing on 13 July 2026, directed the DRT to positively take up the interim applications and, if unable to do so on that date, to pass appropriate orders by 16 July 2026. The Court expressly refrained from expressing any opinion on the merits of the underlying dispute, keeping all rights and contentions open. Consequently, the writ petition was disposed of, with the direction to the DRT serving as the operative order.
Issues considered
- Whether the High Court should direct the Debt Recovery Tribunal to consider the petitioners' pending interim and securitisation applications and grant ad‑interim relief.
Subjects
- writ petition
- Debt Recovery Tribunal
- interim relief
- securitisation
- physical possession
- direction
- civil appellate jurisdiction
Judgment
908-WP-16460-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16460 OF 2025
Krishna Autocomp and Ors . Petitioners
Vs.
Bank of India and Ors . Respondents
------------------
Mr. Mangesh Makan Patel, for Petitioners.
Mr. Anant B. Shinde, i/b Anant B. Shinde and Co., for Respondent Nos. 1
and 2.
--------------------
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 10th JULY 2026.
PC:
1. Although the learned counsel appearing for the Petitioners and the
Respondent Bank have sought to make detailed submissions in the matter,
we are of the opinion that the writ petition can be conveniently disposed
of by issuing an appropriate direction to the Debt Recovery Tribunal-II,
Mumbai, which is in charge of Debt Recovery Tribunal-III (DRT) to
consider and pass appropriate orders in the pending interim applications
and securitisation application filed on behalf of the Petitioners.
2. We are informed that the next date fixed for taking physical
possession of the secured asset is 28th July 2026 and that the securitisation
application filed by the Petitioners along with pending interim
Bhalerao 1 of 2
908-WP-16460-2025.doc
applications is listed before the DRT on 13th July 2026.
3. In the light of the events that have taken place with regard to the
physical possession of the secured asset being taken on earlier occasions,
the Petitioners seek a limited direction to the DRT to consider the pending
interim applications for appropriate ad-interim/interim orders.
4. Since the proceedings are already listed before the DRT on 13 th July
2026, we direct the DRT to positively take up the interim applications
filed by the Petitioners in their pending Securitisation Application No. 279
of 2024 and to consider the question of passing ad-interim/interim orders
in the matter. This Court is not expressing any opinion on the merits of
the matter. All rights and contentions of the parties are kept open.
5. In the event, the DRT is unable to consider the pending proceedings
on the question of ad-interim/interim reliefs on 13 th July 2026, in any
case, appropriate orders in the matter shall be passed on or before 16 th
July 2026.
6. The writ petition is disposed of in the above terms. Pending
applications, if any, also stand disposed of.
7. Learned counsel appearing for the Respondent Bank has tendered
reply affidavit, which is taken on record.
(SHREERAM V. S+HIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 2 of 2
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