Shripad B Dabri v. State Of Maharashtra Thr The District Magistrate Pune And ORS

2025:BHC-AS:25249-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6782 OF 2025 IN WRIT PETITION NO.3760 OF 2025 Shripad B. Dabri ..Applicant In the matter between Shripad B. Dabri ..Petitioner vs.

State of Maharashtra and ors.

..Respondents ------------ Mr. Gauraj Shah i/b. Mr. Mahesh B. Karule, for the Applicant/Petitioner.

Mr. N. C. Walimbe, AGP, for Respondent-State. Ms. Pinky Bhansali, for Respondent No.2.

Adv. Nainesh Amin i/b. N. N. Amin & Co., for Respondent No.3.

------------

CORAM

: M. S. KARNIK & N. R. BORKAR, JJ.

DATE : 25th JUNE, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

This Court by an order dated 13/03/2025 disposed of the Writ Petition No.3760 of 2025 filed by the applicant considering that the applicant has preferred an Appeal before the Debts Recovery Appellate Tribunal ("DRAT").

The Writ Petition was therefore not entertained. This Court observed that the charge of the DRAT, Mumbai is with the DRAT, Chennai. This Court therefore observed that it is open for the Petitioner to make a request for consideration of the Interim Application preferred by the Petitioner. This Court then held that the prayer in the Interim Application be considered expeditiously and preferably within a period of two weeks from the production of this order before the DRAT. From the averments made in the application it is seen that though on two occasions i.e. on 19/03/2025 and 20/03/2025 the applicant made an attempt to mention the Interim Application before the DRAT, however, the same was not entertained. We refrain from making any observations on the contentions raised in the application. 3.

Learned counsel for the applicant on instructions submitted that he is willing to deposit a sum of Rs.25 lakhs before the DRAT within a period of two weeks from today. Statement is accepted. Upon such deposit being made, the Securitisation Application under Section 17 which is preferred by the applicant on 07/07/2023 be heard and

decided within a period of six months from the date of the deposit. It is open for the applicant to make an appropriate application for amendment of the Securitisation Application seeking restoration of possession.

4.

In this view of the matter, learned counsel for the Applicant submits that the Appeal and Interim Application which has been preferred before the DRAT, Mumbai will be withdrawn.

5.

All contentions are kept open including those of the auction purchaser. We have not made any observations on the merits of any of the contentions.

6.

The Interim Application is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 25/06/2025 19:40:20