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Bombay High Court

IndiaversusState of Maharashtra

Decided
Disposal
DISPOSED OFF

Holding

The writ petition is disposed as there are no remaining matters for the court to consider.

Summary

The Court Commissioner reported compliance with the directions dated 12.08.2026, which was confirmed by the petitioner bank's counsel. No further issues remained in the writ petition. Respondent No.6 and 7 informed the court that they have filed a securitisation application before the Debts Recovery Tribunal, which the court noted would be decided on its own merits. The court ordered that the petition be disposed of, with any pending applications also disposed. The petitioner was directed to pay the Court Commissioner's charges within a week.

Issues considered

  • Whether the writ petition remains pending after compliance with the Court Commissioner's directions
  • Whether the court should entertain the securitisation application filed before the DRT

Subjects

  • writ petition
  • court commissioner
  • compliance
  • securitisation
  • Debts Recovery Tribunal
  • disposal

Judgment

                                                                                            25_WP2327_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                                   WRIT PETITION NO.2327 OF 2026

                               Union Bank of India                                   …     Petitioner
                               Vs.
                               State of Maharashtra and others                       …     Respondents

                               Ms. Priyam Amin a/w. Mr. N. Amin (through VC) i/b. N. N. Amin & Co. for
                               Petitioner.
                               Adv. Willson Gaikwad, Court Commissioner.
                               Mr. Vivek Phadke (through VC) for Respondent Nos.6 and 7.


                                                          CORAM : MANISH PITALE &
                                                                  SHREERAM V. SHIRSAT, JJ.
                                                          DATE       : AUGUST 28, 2026

                               P.C. :

                               .        The learned Court Commissioner has submitted a written report
                               stating that the directions contained in the order dated 12.08.2026 have
                               been complied with. The report is taken on record.

                               2.       This is further confirmed by Ms. Amin, learned counsel appearing
                               for the petitioner bank (secured creditor). Hence, nothing more survives
                               in this petition.

                               3.       At this stage, Mr. Phadke, learned counsel for respondent Nos.6
                               and 7 submits that they have filed a securitisation application before the
                               Debts Recovery Tribunal (DRT). He submits that this Court may observe
                               that the securitisation application may be decided on its own merits by
                               the DRT.

                               4.       In view of the above, the writ petition is disposed of. Pending
                               applications, if any, stand disposed of.
MINAL    Digitally signed by
         MINAL SANDIP
SANDIP   PARAB
         Date: 2026.08.28
PARAB    17:31:34 +0530




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                                                             25_WP2327_26.doc



5.     Needless to say, the securitisation application filed by respondent
Nos.6 and 7 before the DRT shall be decided on its own merits
expeditiously.

6.     The learned counsel for the petitioner bank submits on
instructions that the charges of the learned Court Commissioner shall be
paid within a week from today.




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




Minal Parab




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