Authority: Supreme Court of India
Order Date: 31-07-2026
Case Overview
- Petitioner: Abhijith B
- Respondents: Bank of Maharashtra & others
- Origin: Special Leave Petition (Civil) No. 22328/2026 arising from the impugned judgment and order dated 16-01-2026 in WA No. 108/2026 passed by the High Court of Kerala at Ernakulam.
- Applications filed:
- IA No. 170404/2026 – Condonation of delay in refiling/curing the defects
- IA No. 170403/2026 – Exemption from filing C/C of the impugned judgment
- IA No. 170401/2026 – Permission to file additional documents/facts/annexures
- IA No. 170402/2026 – Permission to place additional facts and grounds
- Hearing date: 31 July 2026 before Justices K.V. Viswanathan and Arun Palli.
- Counsel for petitioner: Mr. Rohan Thawani and a team of advocates.
Observations & Directions
1. The Court condoned the delay in filing the above‑mentioned applications.
2. While not interfering with the impugned order of the High Court, the Court directed that the Debts Recovery Tribunal (DRT), Ernakulam, Kerala shall decide the matter uninfluenced by the observations made by the learned Single Judge and the Division Bench of the High Court, as well as by this order, and shall decide the case on its own merits in accordance with law.
3. With these observations, the Special Leave Petition is disposed of.
4. Any pending applications, if any, shall also stand disposed of.
Final Outcome
- Delay in filing is condoned.
- The DRT is instructed to adjudicate the dispute independently, without reference to the High Court’s observations.
- The Special Leave Petition and all pending applications are dismissed.
Topics: Debt Recovery, Banking Litigation