Ararti S. Gunjikar v. Idbi Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (STAMP) NO. 14373 OF 2025 Ararti S. Gunjikar ...Petitioner

VERSUS

IDBI Bank Ltd & Ors. ...Respondents ....

Ararti S. Gunjikar, petitioner in-person, present. Adv. Ridhi Jhaveri a/w Adv. Nikita Dhuri i/by Singhania and Co., Advocate for the Respondent no.1.

Adv. Kajal Punjabi a.w Adv. Chetan Mahtre and Adv. Nilesh Bamne i/by Adv. Chetan Mhatre, Advocate for the Respondent No.7.

Mr. Vaibhav Sugdare, Advocate for the Respondent Nos.8 and 9. ....

CORAM

:

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

DATE :

24th JULY, 2025 P.C.

:

1.

The petitioner claims to be an auction purchaser, who has paid the entire sale consideration liable to be deposited within the stipulated time.

2.

Our attention is invited to the order dated 14.02.2025 passed by the DRAT in Miscellaneous Application No.15 of 2025, whereby the DRAT had directed the DRT-II, Mumbai to

dispose of the Appeal No.16 of 2022 expeditiously and in any case within a period of two months from the date of receipt of the order.

3.

Accordingly, by order dated 29.04.2025, the DRT-II has disposed of the appeal. The said order is under challenge in this petition.

4.

An objection is raised by the Respondent No.7 that appropriate remedy against the impugned order is to file an appeal before the DRAT under the provisions of the Recovery of Debts and Bankruptcy Act, 1993 (for short 'RDDB Act')". 5.

The petitioner appearing in-person has submitted that she has been subjected to harassment and requests this Court to decide the present petition on merits, instead of directing her to pursue the remedy of appeal under the provisions of the SARFAESI Act.

6.

We are not inclined to entertain the present petition as against the impugned order the statutory remedy of an appeal is available to the petitioner.

7.

In the facts of the present case, in case the appeal is

filed by the petitioner within a period of two weeks from today before the DRAT, we request the DRAT to decide the appeal expeditiously and preferably within a period of six months from the date of filing of the appeal.

8.

The respondents shall not raise objection of delay in filing appeal.

9.

By keeping all contentions open, the petition is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.)