Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Order Date: 17 September 2026
Case Overview
- Petitioner: Waheeda Munir Hodekar, represented by Ms. Namrata Agashe a/w. Mr. Shreyas Choudhari.
- Respondent: Authorized Officer, Bank of Maharashtra.
- Petition filed under Article 226 to challenge e‑auction notice dated 03‑08‑2026 for auction scheduled on 15‑09‑2026.
- Petitioner had earlier filed a securitisation application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act) before DRT Pune (Application D‑1455 of 2023). The application was dismissed for non‑removal of office objections.
- Subsequently, petitioner filed a chamber appeal (D) No.2350 of 2026 and Interim Application No.3334 of 2026 before DRT seeking restoration of the securitisation application and interim relief.
- The Court observed that effective statutory remedies under the Securitisation Act are available and referenced Supreme Court judgments (United Bank of India v. Satyawati Tandon, (2010) 8 SCC 110 and Celir LLP v. Bafna Motors (Mumbai) Private Limited, (2024) 2 SCC 1) emphasizing that High Courts should not entertain writ petitions when such remedies exist.
Final Outcome
- The writ petition is dismissed in its entirety.
- The DRT, Pune, is directed to consider the pending chamber appeal (D) No.2350 of 2026 and Interim Application No.3334 of 2026 expeditiously, preferably within two weeks from the date of this order.
- All other pending applications, if any, in this writ petition are also disposed of.
Topics: Writ Petition; Securitisation Act; Debt Recovery Tribunal