Pratibha Rohit Davalbhakta And ANR v. The Authorized Officer And The Special Recovery Officer Icici Bank Ltd And ORS

bipin prithiani 14-wp-4310.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4310 OF 2026 Pratibha Rohit Davalbhakta & Anr.

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Petitioners

Versus

The Authorized Officer and the Special Recovery Officer, ICICI Bank Ltd. & Ors.

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Respondents ****** Mr. Sachin R. Pawar a/w Mr. Rohan D. Kaiche for the Petitioner. Mr. R. L. Motwani (through V.C.) for Respondent No.1. Ms. Tanu N. Bhatia, AGP for Respondent No.6.

****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.

DATE : 7th APRIL 2026 P.C. :

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In this petition, we find prima facie that the Registrar of the Debts Recovery Tribunal, Pune (DRT) could not have declined registration of the securitisation application filed on behalf of the petitioners. The relevant provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act) is absolutely clear, as it facilitates filing of such application by any person aggrieved by action taken under the provisions of the Securitisation Act. 2.

Issue notice for final disposal, returnable on 29th April 2026, by BIPIN DHARMENDER PRITHIANI Date: 2026.04.08 10:08:53 +0530 BIPIN DHARMENDER PRITHIANI to be included in the supplementary list.

3.

Mr. Motwani, learned counsel waives notice on behalf of

bipin prithiani 14-wp-4310.26.doc respondent No.1. Ms. Bhatia, learned AGP waives notice on behalf of respondent No.6.

4.

The petitioners are permitted to serve respondent Nos.2 to 5 additionally by way of private service and to file an affidavit of service before the next date of listing.

5.

It is made clear that if the petition is not disposed of finally, on the next date, this Court will consider the prayer for interim relief made on behalf of the petitioners.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)