Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Order Date: 22 October 2026

Case Overview

  • Petitioners: Parvez Alam Siddique and Anr.; Respondents: Bassein Catholic Co‑Op Bank Ltd and others.
  • Petitioners filed Securitisation Application (Diary) No. 1852 of 2026 and Interim Application (Diary) No. 3904 of 2026 before the Debts Recovery Tribunal‑II, Mumbai (in‑charge of DRT‑III) seeking urgent interim relief.
  • A notice dated 05‑10‑2026 issued by the Tehsildar and Executive Magistrate, Vasai, stated that physical possession of the subject property would be taken on 23‑10‑2026.
  • Petitioners argued that without hearing the DRT applications before possession, the interim relief would be ineffective.
  • Respondent Bank contended that the petitioners delayed filing before the DRT, noting that the order under Section 14 of the SARFAESI Act was passed on 09‑11‑2025 and four possession notices were issued (27‑01‑2026, 27‑03‑2026, 17‑04‑2026, and 05‑10‑2026).
  • The Bank stated the outstanding loan amount as Rs 1,55,47,869.38 and highlighted that earlier assurances by petitioners to pay were not honoured.

Observations & Reasoning

  • The Court noted the chronology of notices and the late filing of DRT applications (first notice on 27‑01‑2026, applications filed only on 14‑10‑2026).
  • While acknowledging the petitioners' urgency, the Court decided to grant a limited direction to balance both parties' interests.

Directions

a] Physical possession of the subject property shall be undertaken at 4:00 pm on 23‑10‑2026, allowing petitioners to present their case before the DRT during the daytime.

b] The actual possession will depend on the order that the DRT may pass after hearing all concerned parties.

c] Petitioners must serve a copy of the papers pertaining to the Securitisation Application and Interim Applications on the same day.

d] DRT‑II, Mumbai, as In‑charge of DRT‑III, is directed to consider the Securitisation Application (Diary) No. 1852 of 2026 and Interim Application (Diary) No. 3904 of 2026 on 23‑10‑2026 morning in the urgent category.

e] Respondent Bank shall be heard before any order is passed in the matter.

Final Outcome

  • The writ petition is disposed of with the above directions, ensuring that possession proceeds only after the DRT hearing and that the Bank is heard before any final order.

Topics: Physical possession, Debt recovery, Banking