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