Dinesh Sitaram Patil v. The Union Of India And Others

2026:BHC-AUG:5213-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO. 1186 OF 2026 DINESH SITARAM PATIL

VERSUS

THE UNION OF INDIA AND OTHERS ...

Mr. M.D. Gitte, Advocate for petitioner ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

04th FEBRUARY, 2026 ORDER :

.

Present petition has been filed for following reliefs : "(B) By issuing writ of mandamus or any other writ, order or directions in the like nature, respondent No.3 - Bank of Baroda, Main Branch Jalgaon, may kindly be directed not to take any coercive action under the E-Auction Sale Notice dated 28.11.2025 relating to sale of secured assets and further be directed to accept and consider the O.T.S. proposal of petitioner under Application dated 19.09.2025 for settle the loan account under O.T.S. scheme." Heard learned Advocate for petitioner. Taking into consideration

929_WP_1186_2026 his submissions as well as documents on record, it can be seen that the proceedings are pending before learned Debts Recovery Tribunal. It appears that there are also some orders passed by Debts Recovery Tribunal, Aurangabad. We got it reiterated from the learned Advocate for petitioner that though matters are still pending, further there appears to be order passed by learned Chief Judicial Magistrate under SARFAESI Act on 19.04.2024 regarding taking possession of secured assets and then e-auction was published. Notice of e-auction was published in the daily newspaper. Now, petitioner wants some concession and in the form of O.T.S. proposal it appears that application has been made. When proceeding is pending before Debts Recovery Tribunal, we do not find this to be a fit case where we should exercise our powers under Article 226 of the Constitution of India. Writ Petition, therefore, stands dismissed.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd