Bombay High Court
LIMRA GARMENT HOUSE AND ANRversusBANK OF BARODA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was dismissed as infructuous because the bank deferred the possession and the securitisation application was to be heard the next day.
Summary
The petitioners, Limra Garment House and another, filed a writ petition seeking urgent relief to prevent the Bank of Baroda, a secured creditor, from taking physical possession of a property on 27 July 2026. They argued that the possession would render their securitisation application (Diary No.1170 of 2026) pending before the Debts Recovery Tribunal‑II, Mumbai, and the associated interim application, ineffective. The bank indicated that, following its notice dated 6 July 2026, the intended possession was being deferred, thereby addressing the petitioners' immediate concern. The court noted that the securitisation application was scheduled for hearing the next day, making the writ petition moot. Consequently, the court disposed of the petition without addressing the validity of the earlier DRT notice, reserving that issue for a suitable future case.
Issues considered
- What relief, if any, should be granted to prevent the bank from taking physical possession of the property pending the securitisation application before the DRT?
Subjects
- writ petition
- securitisation
- possession
- Debts Recovery Tribunal
- urgent relief
- infructuous
Judgment
18_WP_9525_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9525 OF 2026
Limra Garment House and another … Petitioners
vs.
Bank of Baroda and another … Respondents
Mr. Mandar Soman a/w. Mr. Vivek Vasant Phadke for petitioners.
Mr. Anup Khaitan a/w. Mr. Harsh Gutka and Ms. Akshita Rathudi, i/b.
Anup Khaitan & Co. for respondent No.1 – bank.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 27th JULY, 2026
P.C. :
. The petitioners were constrained to file this writ petition and
to have it circulated urgently for today, as the Court Commissioner
has issued notice dated 06.07.2026 at the behest of respondent No.1
– bank (secured creditor) to take physical possession of the subject
property today i.e. on 27.07.2026.
2. The grievance of the petitioners is that Securitisation
Application (Diary) No.1170 of 2026 was filed before the Debts
Recovery Tribunal-II, Mumbai (DRT) on 21.07.2026. But, urgent
circulation was not granted. It is submitted that if physical possession
of the subject property is taken, it would render the securitisation
application and the interim application filed therein, infructuous. It is
submitted that the petitioners and other similarly situated litigants
are constrained to invoke writ jurisdiction in such circumstances
because the notice/circular dated 30.03.2026 issued by the Assistant
Registrar of DRT, is practically unworkable and in most cases, urgent
Digitally signed
by PRIYA
PRIYA KAMBLI
Date:
KAMBLI 2026.07.27
18:15:52
+0530
1/2
18_WP_9525_26.doc
circulation is not granted, even when the threat of physical
possession is pointed out to the Debts Recovery Tribunals.
3. In this case, upon notice and papers being served upon the
respondent No.1 – bank, it is represented through counsel. The
learned counsel for the said respondent makes a statement on
instructions that in pursuance of the aforesaid notice dated
06.07.2026, the action of taking physical possession today is being
deferred. This effectively addresses the concern of the petitioners.
4. It is an admitted position that the securitisation application is
listed tomorrow before the DRT for consideration. In that light,
nothing really survives in this petition.
5. As regards challenge to the notice dated 30.03.2026 issued by
the Assistant Registrar, DRT, since this petition is rendered
infructuous, the question raised in respect of validity of the said
notice shall be considered in an appropriate case.
6. Writ petition is disposed of in above terms. Pending
applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
2/2
Checking your session…