Nkgsb Co-Operative Bank Ltd. Thr Authorized Officer. Vijay Nivrutti Kamble v. The District Collector, Kolhhapur And ORS

Jayshri Lande 910-WP-11778-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by JYOTI PRAKASH PAWAR Date:

2025.09.18 19:06:19 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11778 OF 2025 CFM ASSET RECONSTRUCTION PRIVATE LIMITED ... Petitioner

Versus

M/s. Laxmi Construction Company

...Respondent

_______________________________________ Mr. Charles De Souza (through VC) a/w Mr. Mayank Samuel, Mr. Neelanshu Roy and Ms. Drumi Nishar i/b Sirius Legal for Petitioner None for the Respondent ______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 17th SEPTEMBER 2025 ORDER :

1.

By this Writ Petition, the Petitioner is seeking direction to the Presiding Officer, DRT-II, Mumbai to hear, decide and dispose of the Securitisation Application No.71 of 2022 expeditiously. 2.

Mr. Charles De'Souza, Learned Counsel appearing for the Petitioner has referred to an order dated 02nd July 2025 passed in Writ Petition No.6851 of 2025 filed by the present Petitioner against the Respondent Reeta Estate Private Limited and pertaining to Securitisation 1/3

Jayshri Lande 910-WP-11778-2025.doc Application No.72/2022, which is being heard along with Securitisation Application No.71 of 2022 (subject matter of the present Petition) by the Debts Recovery Tribunal ("DRT"), Mumbai. He has submitted that by the said Order, this Court was satisfied that Securitization Application No.72 of 2022 is to be decided expeditiously and requested the DRT to hear the Securitisation Application as expeditiously as possible and preferably within a period of 6 months from 14th July 2025. He has accordingly sought for the same order to be passed in the present Writ Petition. 3.

We have considered the submissions of the Petitioner. The Securitisation Application No.71 of 2022 is being heard with Securitisation Application No.72 of 2022 by the DRT, Mumbai and by virtue of Order dated 02nd July 2025, the DRT Mumbai has been directed to decide expeditiously the Securitisation Application No.72 of 2022, preferably within a period of 6 months from 14th July 2025. This will equally apply to Securitisation Application No. 71/2022.

4.

Accordingly, the DRT, Mumbai shall decide the Securitisation Application No.71 of 2022 within the same time frame as Securitisation Application No.72 of 2022 as directed by the Order dated 02nd July 2025 i.e. within a period of six months from 14th July 2025. 5.

The Advocates for Petitioner shall serve notice of this Order on the DRT.

6.

The Writ Petition is accordingly disposed off. 2/3

Jayshri Lande 910-WP-11778-2025.doc 7.

There shall be no order as to costs.

8.

The pending Appeal before the DRAT shall be decided on its own merits.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 3/3