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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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