Bombay High Court
ENCORE ASSETS RECONSTRUCTION COMPANY PVT LTD THROU. VIRENDRA GHANWATversusTHE STATE OF MAHARASHTRA THROU. THE LD. ADDL DISTRCT MAGISTRATE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Since the court's directions have been complied with, the writ petition is disposed of.
Summary
The petitioner, Encore Assets Reconstruction Company Pvt. Ltd., sought relief in a writ petition after the court had ordered physical possession to be handed over to it as a secured creditor. The respondents complied with the July 31, 2026 order, and the petitioner’s counsel reported that the original borrowers are willing to pay the balance and have filed a securitisation application before the Debt Recovery Tribunal (DRT). The court noted that, with compliance, no further relief remained in the petition and directed that the matter be settled amicably in the DRT without the court’s further intervention. It emphasized that the DRT must proceed according to law, independent of the present order. Consequently, the writ petition and any pending applications were disposed of.
Issues considered
- Whether the writ petition remains maintainable after the court's directions have been complied with
- Whether the court can direct further relief beyond compliance with its earlier order
- Jurisdiction of the Debt Recovery Tribunal in the pending securitisation application
Subjects
- writ petition
- possession
- secured creditor
- Debt Recovery Tribunal
- securitisation
- compliance
- disposal
Judgment
24_WP8477_25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8477 OF 2025
Encore Assets Reconstruction Company Pvt. Ltd. … Petitioner
Vs.
State of Maharashtra and others … Respondents
None for the Petitioner.
Mr. Pradyumna Agrawal i/b. Pushpa Ganediwala & Co. for Respondent Nos.5 to
7.
Ms. Shruti D. Vyas, Additional GP a/w. Ms. P. M. J. Deshpande, AGP for
Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : OCTOBER 06, 2026
P.C. :
. Ms. Vyas, learned Additional GP submits that the directions
contained in the order dated 31.07.2026 have been complied with and
the physical possession has been handed over to the petitioner (secured
creditor).
2. Today, Mr. Agrawal, learned counsel having instructions for the
original borrowers makes a statement that the said borrowers are ready
to make payment of the balance amount and that the matter can be
worked out.
3. We are further informed that the borrowers have already filed a
securitisation application before the Debts Recovery Tribunal (DRT).
4. Since the directions issued by this Court have been complied
with, nothing survives in this petition and it can be disposed of. At the
same time, the borrowers can approach the DRT in the pending
securitisation application to make the offer as indicated hereinabove, so
MINAL
SANDIP
PARAB
Digitally signed by
MINAL SANDIP PARAB
Date: 2026.10.06
18:20:16 +0530
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24_WP8477_25.doc
that the dispute is amicably settled. We are not making any comment on
the said aspect of the matter.
5. Needless to say, DRT shall proceed further in accordance with law
in the pending proceedings without being influenced by the order passed
by this Court in the present writ petition.
6. The writ petition is disposed of. Pending applications in this
petition, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab
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