Rati Agnihotri Alias Rati Jha And ANR v. Icici Bank Ltd Thr Its Authorized Officer And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.782 OF 2025 Rati Agnihotri @ Rati Agnihotri Jha & Anr.

.. Petitioners Vs.

ICICI Bank Ltd. & Ors.

.. Respondents Mr. Jitendra Saxena with Mr. Amit Bajpai and Ms. Shefali Singh, Advocates for the Petitioners.

Mr. Santosh Bhide, Advocate, i/by Bhide & Associates, for Respondent Nos.1 and 2.

Mr. S.B. Kalel, Assistant Government Pleader for Respondent Nos.3 to 5. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 5TH MARCH 2025.

P.C. :

1.

By this writ petition the petitioners pray that proceedings in Securitization Application No.223 of 2023 (Neeraj Kumar Jha and Anr. Vs. ICICI Bank Ltd. and Anr.) be decided prior to the auction proposed to be conducted by the respondent no.1-Bank. The writ petition was filed on 18th December 2024. In the meanwhile, the aforesaid auction took place and Sale Certificate now stands issued by the Bank. On 28th January 2025, the learned Presiding Officer has passed an order making the sale as undertaken subject to outcome of the proceedings pending before the Debts Recovery Tribunal.

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2.

In this view of the matter, as Securitization Application No.223 of 2023 is pending before the Debts Recovery Tribunal, it is directed that the same shall be decided on its own merits and in accordance with law. The statement made on behalf of both the parties that they would co-operate in expeditious disposal of the proceedings is accepted. Keeping all points on merits open, the writ petition is disposed of as not entertained. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] Digitally signed by SNEHA ABHAY DIXIT Date:

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