Anil Ganjidhar Pawar v. A.S. Ahire Custodian Dhule Zilla Parishad Employees Co Operative Housiing Society Ltd And Another

42-wp-12852-2025.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12852 OF 2025 Sumer Singh

...Petitioner

Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.10.07 11:03:32 +0530

Versus

JITENDRA SHANKAR NIJASURE Vindeep Developers Pvt. Ltd. & Anr.

...Respondents

---------- Mr. Rishabh Shah with Anshul Anjarlekar and Manshi Thakkar i/b. Raval Shah & Co. for the Petitioner.

None for the Respondents.

---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE :

6TH OCTOBER, 2025.

ORDER :

1.

By this Writ Petition, the Petitioner who is an auction purchaser has sought for direction to the Debt Recovery Tribunal ("DRT"), Pune to hear and decide Securitization Application No.60 of 2020 along with pending Interim Applications in a time bound manner and in accordance with the provisions of the SARFAESI Act, 2002 as well as in in compliance with the principles of natural justice.

2.

The Petitioner had been declared as successful purchaser 1/2

42-wp-12852-2025.doc of the secured asset in the year 2020 and sale certificate in favour of the Petitioner had been issued on 31st December, 2020. 3.

The Securitization Application has been filed in the year 2020 and in view of injunction Order dated 12th February, 2021, the Petitioner / successful auction purchaser has been unable to deal with the secured asset / property.

4.

It is pertinent to note that there are two Orders which have been passed by this Court dated 24th February, 2022 and 12th July, 2022 issuing directions to DRT, Pune to dispose of the Securitization Application as expeditiously as possible. 5.

Considering that the Securitization Application is pending for over five years since it was filed, the DRT, Pune is directed to hear and dispose of the Securitization Application No.60 of 2020 expeditiously and preferably within a period of eight weeks from today.

6.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

[ FARHAN P. DUBASH, J. ] [ R.I. CHAGLA J. ] 2/2