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Bombay High CourtWP/13453/2025disposed off

Hdfc Bank Limited Thr Its Authorised Officer v. Union Of India Thr Ministry Of Finance And ORS

2025-10-13Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Shri Justice Farhan Parvez Dubash3 pages

Jayashri Lande 6-WP(L)-29997-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2025.10.15 19:19:53 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 29997 OF 2025 Hill Top Estate

...Petitioner

V/s.

1. Union of India (through the Secretary of the ministry of Finance, Department of Financial Services) and Ors.

...Respondents

WITH WRIT PETITION NO. 13453 OF 2025 HDFC BANK LIMITED

...Petitioner

V/s.

1. Union of India Through Ministry of Finance and Ors.

...Respondents

____________________________________ Mr. Zal Andhyarujina, Sr. Advocate a/w Shrey Sancheti i/b Carl Patel & Sanaea Umrigar for Petitioner - Hill Top Estate Mr. Kevic Setalvaad, Senior Counsel a/w Mr. Sidharth Samantaray, Mr. Abdullah Qureshi & Ms. Malavika Sachin for Petitioner - HDFC Bank Ms. Kruti Bhavsar for Respondent Nos. 3 and 4 in WP(ST)/29997/2025 and for Respondent Nos. 2, 3 & 5 in WP/13453/2025 ____________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 13TH OCTOBER 2025 ORDER :

1.

By an Order, dated 29th September, 2025, this Court had given a last chance to DRT-III to dispose of the Interim Application No.1910 of 2025 1/3

Jayashri Lande 6-WP(L)-29997-2025.doc with Interim Application (L) No.2349 of 2025 by 8th October 2025 and order passed thereon latest by 10th October 2025. 2.

Mr. Zal Andhyarujina, Learned Senior Counsel appearing for the Petitioner has referred to an Order dated 8th October 2025 passed by the DRT-III, wherein mention is made of the said Order dated 29th September 2025 by which DRT-III was directed to pass order by 10th October, 2025. It is further recorded in the said order that due to new joining of the DRT-III Member, and paucity of time as well as non-availability of competent Steno, the Interim Applications could not be heard. The Registrar was directed to write a request letter to this Court for extension of time of 6 weeks and matter was listed on 10th October 2025.

3.

Mr. Andhyarujina has submitted that ample opportunity had been given to DRT-III to dispose of the aforementioned Applications and pass orders thereupon.

4.

Mr. Setalvaad Learned Senior Counsel appearing for HDFC - Respondent No.2-Bank states that a separate petition has been filed by the Respondent No.2-Bank being Writ Petition No.13453 of 2025 wherein the Bank has sought for quashing and setting aside of the Interim Order dated 02nd July 2025 and subsequent Orders continuing the status quo granted by the Presiding Officer, DRT-III, Vashi. He has also referred to further prayer sought for allowing the Petitioner - Bank to appropriate the amount of Rs.19,22,90,000/- deposited by the Respondent No.4 therein, which is lying 2/3

Jayashri Lande 6-WP(L)-29997-2025.doc in the no-lien account maintained by the Petitioner-Bank. He has also submitted that the reasons given in the aforementioned Order dated 08th October 2025 are highly improper, inadequate, considering that this Court by prior orders had directed the DRT-III to dispose of the aforementioned Applications within a time frame which has not been complied with. 5.

Considering the above submissions as well as taking note of the fact that DRT-III inspite of passing the status quo order way back on 02nd July 2025 has not disposed of the aforementioned applications, we give a further period of 4 weeks from today as last chance and no further chance will be given thereafter, to the DRT-III to dispose of Interim applications as by passing orders thereupon. This upon considering that, the Presiding Officer of DRT-III has recently taken charge and the reason given in the said Order 08th October 2025 that there are inadequate and inexperienced Stenographers.

6.

The Writ Petition shall accordingly be placed for compliance on 18th November 2025.

7.

The Advocates for the Petitioner shall serve notice of this Order on the Presiding Officer of DRT-III, in order for him to comply with the same. ( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 3/3