Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 28 August 2026
Case Overview
- Petitioner: Bank of India (secured creditor)
- Respondents: Rajendra Vitthal Shinde and others (original borrowers/guarantors)
- The petition challenged an order dated 11 June 2026 of Debt Recovery Tribunal‑3, Mumbai (DRT‑3) that stayed further auction proceedings pending Interim Application No. 1989 of 2026 filed by the respondents in Securitisation Application No. 382 of 2023.
- The stay was based on the alleged non‑appearance of the bank’s counsel and lack of auction details; a successful auction purchaser had applied for intervention.
- The petition sought early disposal of Interim Application No. 1989 so that the auction could proceed.
Final Outcome
- The writ petition is disposed of; no opinion on merits is expressed.
- The bank must file its further reply affidavit in the amended Securitisation Application No. 382 of 2023 on or before 01 September 2026.
- Respondents (Nos. 1 and 2) may file a rejoinder affidavit, if any, on or before 09 September 2026.
- DRT‑3, Mumbai/in‑charge Court shall hear and dispose of Interim Application No. 1989 of 2026 on the next listed date, 11 September 2026, hearing all parties including the auction purchaser.
- All rights and contentions of the parties remain open; pending applications, if any, stand disposed of.
Topics: Banking, Insolvency