Bombay High Court

SHUBHANGI DILIP GIRIBA AND ORSversusOSMANABAD JANTA SAHAKARI BANK LTD.

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The High Court held that the writ petition is liable to be rejected and the petitioners should approach the executing court for adjustment of the deposited amount.

Summary

The petitioners, Shubhangi Dilip Giriba and others, filed a writ petition challenging a district court order dated 29 January 2025 that issued a warrant for execution of an award. They argued that they had deposited Rs. 50 lakhs before the Debt Recovery Tribunal but were not given an opportunity to be heard before the warrant was issued. The High Court examined whether the warrant could be issued without a hearing and whether the petitioners could seek adjustment of the deposited amount. The Court held that the appropriate remedy was to approach the executing court for adjustment rather than to contest the warrant through this petition. Consequently, the petition was dismissed, with liberty granted to the petitioners to make an application before the executing court.

Issues considered

What is the propriety of issuing a warrant for execution of an award without hearing the petitioners after they have deposited the awarded amount?
Whether the petitioners can seek adjustment of the deposited amount in the executing court instead of challenging the warrant through a writ petition.

Subjects

execution of award
warrant
debt recovery tribunal
adjustment of deposit
high court jurisdiction
writ petition

Judgment

2026:BHC-AUG:26510


                                                    1                    wp 7256.2026.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  942 WRIT PETITION NO. 7256 OF 2026

                                      Shubhangi Dilip Giriba And Ors
                                                  VERSUS
                                   Osmanabad Janta Sahakari Bank Ltd.
                                                      ...
                                 Advocate for Petitioners : Mr. R.D. Khadap
                                                      ...

                                          CORAM : S. G. CHAPALGAONKAR, J.
                                          Dated     : July 07, 2026

                     PER COURT :-

                     1.    The petitioners seeks to challenge the order dated

                     29.01.2025 passed below Exhibit-16 in R.D. No.39 of 2021 by

                     learned District Judge, Omerga, whereby warrant is issued in

                     pursuance to the award.

                     2.    Mr.     Khadap,     learned   advocate     appearing      for

                     petitioners/judgment debtor submits that in a proceeding

                     before Debts Recovery Tribunal, petitioners have deposited

                     amount of Rs.50 Lakhs and without calling reply/say of

                     petitioners, warrant for execution of Award has bee issued.

                     3.    This Court finds that petitioners may approach the

                     Executing Court for adjustment of amount, if any paid or

                     deposited by them.       If such an application is made, the

                     Executing Court can pass appropriate order. Present petition is
                             2                     wp 7256.2026.odt

therefore liable to be rejected, with liberty in favour of

petitioners to approach the Executing Court.



                                   ( S. G. CHAPALGAONKAR, J. )
                                 ...
aaa/-

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