Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 16 September 2026
Case Overview
- Petitioners: Star Mining Infracon India Pvt. Ltd. and others (borrowers).
- Respondent: Bank of India.
- Petition filed as Writ Petition No.12264 of 2026 challenging DRT‑II order dated 27‑08‑2026 that disposed Interim Application No.2104 of 2026 as infructuous.
- Interim Application sought: (a) stay of notice of sale, (b) restraining bank from taking physical possession of secured asset, (c) direction to provide certain documents.
- DRT‑II disposed the application as infructuous, citing respondent’s statement that no bids were received for the auction scheduled on 25‑08‑2026.
- Petitioners alleged violation of natural justice and that prayers (b) and (c) were ignored.
- Respondent opposed writ on maintainability grounds.
Final Outcome
- The High Court finds no error in DRT‑II’s disposal of prayer (a) as the auction attracted no bids.
- The Court holds that petitioners may file a fresh interim application for reliefs under prayers (b) and (c) when the cause of action arises.
- Noting that a Section 14 SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002) application filed by the bank is pending before the competent Magistrate, the Court declines to entertain the present writ petition.
- The writ petition is dismissed.
- Liberty is expressly reserved for petitioners to move a fresh interim application in the pending securitisation proceeding for the reliefs sought in prayers (b) and (c), which the DRT‑II shall consider expeditiously and in accordance with law.
Topics: Debt Recovery, Banking Litigation