Authority: High Court of Judicature at Bombay

Order Date: 13 October 2026

Case Overview

  • Petitioner: Vilas Vasant Gandhe, original borrower.
  • Respondents: Encore Assets Reconstruction Pvt. Ltd., through its Authorized Officer, and an additional respondent (auction purchaser).
  • The petitioner challenged a DRAT order dated 21 September 2026 that dismissed his appeal on the ground of delay.
  • The appeal had previously been allowed to proceed after the DRAT condoned a 34‑day delay on 18 February 2025.
  • An interim order dated 1 May 2025 (as recorded) restrained the auction purchaser from creating third‑party rights on the secured asset.
  • The petitioner deposited Rs 5 crore as mandatory pre‑deposit under the SARFAESI Act for the appeal.

Final Outcome

  • The High Court set aside the DRAT order of 21 September 2026, reviving Regular Appeal No. 15 of 2025.
  • The interim order restraining the auction purchaser is reinstated.
  • The DRAT is directed to hear and dispose of the appeal expeditiously, no later than 15 December 2026.

Topics: Debt Recovery; Insolvency