M/S. D Corp Agro Foods Pvt Ltd And ANR v. Bank Of Baroda And ANR

Digitally signed by SNEHA ABHAY DIXIT Date:

2025.03.12 14:19:40 +0530 SNEHA ABHAY DIXIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3740 OF 2025 D Corp Agro Foods Pvt. Ltd. and Anr.

.. Petitioners Vs.

Bank of Baroda and Ors.

.. Respondents Mr. Rajiv Patil, Senior Advocate, i/by Mr. Ajit A. Kocharekar, Advocates for the Petitioners.

None for the Respondents.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 12TH MARCH 2025.

P.C. :

1.

It is submitted by the learned Senior Advocate for the petitioners that the Securitisation Application preferred by the petitioners came to be dismissed on 4th December 2024 for failure to remove the objections in the proceedings. An application for restoration of the said proceedings along with another application for condonation of delay was preferred by the petitioners. By the order dated 20th February 2025, the delay in filing the restoration application was condoned. Consequently, the Chamber Appeal with the prayer for restoration is now stated to be under consideration for passing orders thereon. However, in the meanwhile, on 17th February 2025, the Court Commissioner has issued a notice seeking to take possession of the secured asset on 12th March 2025 at 12:30 p.m. Hence, the petitioners have approached this Court.

1/2 910-WP-3740-2025.doc Dixit

2.

It is seen that copy of the writ petition has been served on the respondent no.1 yesterday and notice of today's hearing is also given. Considering the fact that the proceedings for restoration of the Securitisation Application are pending before the learned Presiding Officer, Debts Recovery Tribunal, Mumbai and the steps for seeking restoration of the same were taken immediately on 14th February 2025, the possession of the petitioners is required to be protected till the next date of the proceedings. Hence, there shall be ad-interim relief in terms of prayer clause (d) of the petition till the next date of the proceedings. 3.

Issue notice to the respondents, returnable on 26th March 2025. 4.

Parties to act on authenticated copy of this order. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 910-WP-3740-2025.doc Dixit