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Bombay High Court

KARVIR NIVASINI MAHALAXMI ISPAT PVT LTD AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Disposed Off

Holding

The court, on the bank’s consent and due to the temporary unavailability of the Debt Recovery Tribunal presiding officer, granted interim directions restraining coercive action subject to the petitioners’ deposit of the specified amounts.

Summary

The petitioners, Karvir Nivasini Mahalaxmi Ispat Pvt. Ltd. and others, filed a writ petition seeking interim directions to restrain Respondent No.2, a bank, from acting on a notice dated 16 May 2026 because the Presiding Officer of the Debt Recovery Tribunal, Pune, was on leave from 26 May to 2 June 2026. The petitioners offered to deposit Rs.10,00,000 by 29 May and Rs.5,00,000 by 1 June with the bank, and the bank consented that no coercive action would be taken if the deposits were made. The court, noting the consent of the bank and the unavailability of the DRT officer, granted the interim directions, specifying the deposit amounts and the period during which the bank must refrain from coercive steps, while stating that the petition was not heard on merits and all contentions remain open. The directions were issued by a vacation court judge. The petition was disposed of on these terms.

Issues considered

  • Whether the High Court can grant interim relief restraining a bank’s coercive action pending the availability of the Debt Recovery Tribunal presiding officer.
  • Whether such relief can be granted without a full hearing on the merits, based solely on the parties’ consent.

Subjects

  • writ petition
  • interim relief
  • debt recovery tribunal
  • coercive action
  • bank
  • consent
  • vacation court
  • directions

Judgment

                                                            501-WP-426-2026.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO. 426 OF 2026

Shri Karvir Nivasini Mahalaxmi Ispat Pvt. Ltd. &     … Petitioners
Ors.
                     Versus
The State of Maharashtra & Anr.                      … Respondents


                                 ——————
Mr. Sachindra Shetye (Through V.C.) a/w. Mr. Poras Shah for the Petitioners.
Mrs. S.N. Deshmukh, A.P.P. for the Respondent No.1-State.
Mr. Aditya Raktade (Through V.C.) a/w. Mr. Sudhir Patil for the Respondent
No.2.
                                 ——————

                           Coram :    RANJITSINHA RAJA BHONSALE, J.

                           Date   :   28th MAY 2026.
                                      [ VACATION COURT ]

PER COURT :

1.    By the present Petition, the Petitioners are seeking limited prayer for

directions, thereby restraining the Respondent No.2-bank from implementing

the notice dated 16th May 2026, as the Presiding Officer of the Debt Recovery

Tribunal, Pune is on leave from 26th May 2026 to 2nd June 2026.

2.    Learned counsel appearing for the Petitioners submits that no coercive

action should be taken against the Petitioners till the Petitioners approach the

Debt Recovery Tribunal on 3rd June 2026. He would further submit that in


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order to show their bona fide the Petitioners will deposit an amount of

Rs.10,00,000/- on or before 29th May 2026 and an amount of Rs. 5,00,000/-,

with the Respondent No.2-bank on or before 1st June 2026.

3.    Learned counsel appearing for the Respondent No.2, on instructions,

submits that, in case, the Petitioners deposits the aforesaid amount of

Rs.15,00,000/- as submitted, the Respondent No.2 will not take any coercive

steps or precipitated any action in respect of the notice dated 16 th May 2026

till 3rd June 2026.

4.    Considering the aforesaid submission, the present Petition can be

conveniently disposed of with the following directions :

       (i)     The Petitioners shall deposit an amount of Rs.10,00,000/- on

               or before 29th May 2026 and an amount of Rs.5,00,000/- on

               or before 1st June 2026 with the Respondent No.2-bank.

       (ii)    In the event, the Petitioners complies with the conditions

               mentioned in clause (i) above, the Respondent No.2 shall not

               take any coercive action against the Petitioners till 3 rd June

               2026.

       (iii)   It is made clear that, the present Petition is entertained and

               the directions are given based on the consent of the

               Respondent No.2 and the fact that the Presiding Officer of

               the Debt Recovery Tribunal, Pune, is not available for the


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                                     period between 26th May 2026 to 2nd June 2026. It is made

                                     clear that the Petition has not been heard on merits, nor have

                                     any arguments been advanced.

                              (iv)   All contentions of the parties are kept open.

                              (v)    The Petition is disposed of in the aforesaid terms.



                                                       [ RANJITSINHA RAJA BHONSALE, J. ]

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.05.28
           17:25:12
           +0530




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