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Bombay High Court

THE BANK OF MAHARASHTRA THR THE CHIEF MANAGER AND AUTH OFFICERversusSHRINIWAS RAMDAS DUBAS AND ANR

Disposal
Disposed Off

Holding

The petition is dismissed for non‑prosecution.

Summary

The Bank of Maharashtra filed a writ petition challenging an interim order dated 1 April 2025 passed by the Debt Recovery Tribunal that barred the bank from dealing with a secured asset. The petition sought to set aside that order. The High Court observed that the interim application pertained to proceedings that had likely been concluded in 2025. Consequently, the Court found that the petition was not pursued further. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • Whether the interim order of the Debt Recovery Tribunal prohibiting the bank from dealing with the secured asset can be set aside by a writ petition after the main proceedings are disposed.

Subjects

  • writ petition
  • debt recovery tribunal
  • interim order
  • secured asset
  • non‑prosecution
  • dismissal

Judgment

2026:BHC-KOL:9411-DB

                                                                       13-WP-9828-2025(C).doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                       CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 9828 OF 2025

               The Bank of Maharashtra                                    ...Petitioner
               Through The Chief Manager And Authorized Officer
                         Versus
               Shriniwas Ramdas Dubas And Another                         ...Respondents
                                                ——————
               None for the Petitioner.
               Ms. Tejas J. Kapre, AGP for the Respondent-State.
                                                ——————
                                                  Coram :     Sharmila U. Deshmukh &
                                                              Neeraj P. Dhote, JJ.
                                                  Date      : September 30, 2026.
               P. C. :

               1.        By the present Petition, the Petitioner impugns the order dated

               1st April, 2025, passed by the Debt Recovery Tribunal in Interim

               Application, prohibiting the Petitioner's Bank from dealing with the

               secured asset.

               2.        None appears on behalf of the petitioner.

               3.        Considering that the challenge was against the interim

               application and the order passed in the year 2025, it appears that the

               main proceedings would have been disposed of. The Petition, therefore,

               stands dismissed for non-prosecution.



                [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]


               Jamadar - SL                        1 of 1


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