State Bank Of India, Stressed Assets Management Br. -Iii, Acting Thr. Chief Manager, Devdatta Sharma v. Debts Recovery Tribunal, Through Its Presiding Officer, Nagpur And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2202/2026 State Bank of India V Debts Recovery Tribunal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. S.N. Kumar, Advocate for petitioner.

Mr. S. Chaudhari, Advocate for resp. no.1.

CORAM : Anil S. Kilor and Raj D. Wakode, JJ .

DATE : 13-03-2026.

Heard Mr. S.N. Kumar, learned Counsel for the petitioner.

2.

The contention is that the petitioner having initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'), on 05-10-2015 by issuing a notice under Section 13(2) of the aforesaid Act, subsequently took symbolic possession on 05-01-2016 under Section 13(4) of the said Act. Respondent nos.2 to 4 had approached the respondent no.1 by filing Securitisation Application No.14/2016. Respondent nos.2 to 4 in the aforesaid proceeding had filed Interim Application No.108/2016 and I.A. No.373/2016, thereby praying for stay to the sale notice dated 24-01-2016 issued by the petitioner bank. The Debt Recovery Tribunal, Nagpur (D.R.T.) vide order dated 14-03-2016 allowed the aforesaid applications and granted stay to the aforesaid sale notice dated 24-01-2016. Learned Counsel for the petitioner submits that the aforesaid interim order

2 wp 2202.26.odt was passed in the month of March 2016. Hence, the petitioner bank on 19-09-2025 filed an application bearing I.A. No.1388/2025 for vacation of the interim order dated 14-03-2016. The aforesaid application was filed by the Bank on 19-09-2015 in Securitisation Application No.14/2016. All the applicants have duly appeared before Respondent No. 1. Despite the same, Respondent No. 1 has failed to decide the said application even after the lapse of more than six months.

3.

In view of the above, we dispose of the present petition with a direction to the respondent no.1 to decide the application bearing I.A. No.1388/2025 which is on record at page no.69 at Annexure-7 within a stipulated period of fifteen days from the date of production of order of this order. The decision taken thereupon shall be communicated to the petitioner within two weeks from the date of decision.

4.

Writ petition is accordingly disposed of.

(Raj D. Wakode, J.) (Anil S. Kilor, J.) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 13/03/2026 17:56:55