Mahesh D/O. Deodutta Gupta And Others v. Reliance Asset Reconstruction Company Ltd., Goregaon (East), Mumbai Thr. Authorised Officer

2025:BHC-NAG:1977-DB 27 wp 1020.25.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1020 OF 2025 Mahesh s/o Deodutta Gupta and ors.

.Vs.

Reliance Asset Reconstruction Company Ltd thr. Its Authorized Officer _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. D.V. Chauhan, Sr. Advocate along with Mr. Aditya Chaudhari, Advocate for petitioners.

Mr. C.J. Dhumane, Advocate for respondent No.2. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, J.J.

DATE : 26.02.2025 1.

Heard.

2.

Leave to amend the petition. Debt Recovery Tribunal Nagpur through its Registrar be added as party respondent No.2.

3.

Amendment be carried out forthwith.

4.

Notice to respondent No.1 is dispensed with as the order proposed to be passed is innocuous. 5.

Mr. C.J. Dhumane, learned Advocate is directed to waive service of notice for respondent No.2. 6.

The petitioner is claiming that an application under Section 17(7) of the Securitisation and Reconstruction of Financial Assets and Enforcement of

27 wp 1020.25.odt..odt Security Interest Act, 2002 (for short, "SARFAESI Act") read with Section 19(25) of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 for refund of amount is pending since 29.08.2023.

7.

In this background, we deem it appropriate to direct respondent No.2 to consider the request of the petitioner and decide the said application expeditiously. 8.

We expect respondent No.2 to decide the same within a period of three months from the date of appearance of the petitioner.

9.

Writ Petition stands disposed of accordingly. (MRS. VRUSHALI V. JOSHI, J) (NITIN W. SAMBRE, J.) manisha