Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

Order Date: 09 October 2026

Case Overview

  • Petitioners: ICICI Home Finance Company Limited and another (secured creditor).
  • Respondents: Khadija Abdulhusain Khedwala and others, including SWEETY RAJU BHALERAO (Respondent No. 1) and an unnamed developer (Respondent No. 4).
  • The dispute arises from an interim order dated 10/09/2026 passed by the Debt Recovery Tribunal, Pune (DRT), which directed the parties to maintain status quo over the subject property until the next listing date of 29/10/2026.
  • The status‑quo order was issued in Interim Application No. 3490 of 2026 filed by the contesting respondents in Securitisation Application No. 764 of 2026, challenging steps taken by the petitioner under the SARFAESI Act.
  • Petitioners argue the DRT order is drastic, issued without merit discussion, and based on false statements in the respondents' affidavit regarding notice refusal.
  • Respondent No. 1 contends the affidavit statements are correct, the matter is listed before DRT on 29/10/2026, and the petitioner can appeal to the Debt Recovery Appellate Tribunal (DRAT).
  • Petitioners have filed Interim Application (Diary) No. 3750 of 2026 seeking vacating the status‑quo order.

Final Outcome

1. Petitioners must file a reply affidavit in Interim Application No. 3490 of 2026 on or before 19 October 2026; any rejoinder by respondents on or before 26 October 2026.

2. Contesting respondents must file their reply affidavit in Interim Application (Diary) No. 3750 of 2026 on or before 19 October 2026; any rejoinder by petitioners on or before 26 October 2026.

3. DRT Pune is directed to hear and dispose both Interim Application No. 3490 of 2026 and Interim Application (Diary) No. 3750 of 2026 on 29 October 2026, with both applications to be disposed on the same day.

4. The writ petition is disposed with the above directions; no observations on the merits are made, and all rights and contentions of the parties remain open.

Topics: Court Order, Debt Recovery, SARFAESI Act