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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501-WP-426-2026.docx
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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