M/S. G.K. Power Transmission Company Pvt. Ltd., Thr. Managing Director, Nagpur v. The Debt Recovery Tribunal, Nagpur, Thr. Its Registrar And Others

1 115-WP-986-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.986 OF 2026 M/s G. K. Power Transmission Company Pvt. Ltd. Thr. Its Managing Director, Nagpur vs.

The Debt Recovery Tribunal, Nagpur and ors.

- -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Uday Dable, Advocate with Ms Payal Lunawat, Advocate for petitioner. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATED : 3rd February, 2026 Heard Shri Uday Dable, learned counsel for the petitioner. 2.

The petitioner has approached this Court seeking direction to the learned Debt Recovery Tribunal, Nagpur to hear and decide Interim Application No.163/2026 and IA No.1698/2025 on merits by 4/02/2026. The reason is that the respondent No.2 Bank has issued notice on 07/01/2026 thereby scheduling sale of secured assets being immovable/movable property on 04/02/2026.

3.

In view of the aforesaid notice, the petitioner immediately approached the learned Debt Recovery Tribunal, Nagpur and filed IA No.163/2026 seeking stay against the aforesaid auction scheduled on 04/02/2026. The aforesaid IA No.163/2026 is at Annexure-14 (record page No.130).

4.

Shri Dable, learned counsel for the petitioner submits that till today, the aforesaid Interim Application is not decided and it is kept today for decision by the learned Tribunal. Shri Dable, further submits that even if the aforesaid Interim Application is decided and rejected, he will not get sufficient time to challenge the aforesaid order before the Debt Recovery Appellate Tribunal, Mumbai as there is no

2 115-WP-986-26.odt Presiding Officer sitting at Mumbai and the charge is with Debt Recovery Appellate Tribunal, Chennai. Thus, the proceedings of Securitization Application (SA) No.298/2022 filed by the petitioner will render infructuous.

5.

Shri Dable has invited our attention to the various Interim Applications filed by the petitioner on various occasions from 2023 till 2026 which were never decided by the Debt Recovery Tribunal, Nagpur.

6.

In view of the above, issue notice to the respondents, returnable on 17/03/2026.

7.

The learned Debt Recovery Tribunal, Nagpur i.e. respondent No.1 is directed to decide IA No.163/2026 within a stipulated period of 15 days from the date of the order of this Court. If the aforesaid IA No.163/2026 is rejected by the learned DRT, Nagpur, there shall be stay to the aforesaid order for further period of 15 days so that the present petitioner can challenge the aforesaid rejection before the Debt Recovery Appellate Tribunal, Chennai by filing appropriate application.

8.

In the meanwhile, respondent No.2-Bank is directed not be finalize the auction if conducted on 04/02/2026. Also respondent No.2-Bank is directed to intimate the auction bidders about the order passed by this Court and pendency of the proceedings before the Debt Recovery Tribunal, Nagpur.

(Raj D. Wakode, J.) (Anil S. Kilor, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 03/02/2026 19:00:00