Bank Of India, Nagpur, Thr. Auth. Officer/ Representative Sh. Sanjay Tripathi v. Union Of India, Through Ministry Of Finance, New Delhi And Others

139 wp 2800-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2800/2026 Bank of India, Bandra (East), Mumbai, Branch at Nagpur, thr. Its Authorised Officer/Representative Sh. Sanjay Tripati Vs.

Union of India, thr. Ministry of Finance, New Delhi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.T. Purohit, Advocate for petitioner Shri K.N. Shukul, DSGI a/b Shri Ragav Tiwari, Advocate for respondent No.1 CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 15.04.2026 1.

Heard Shri A.T. Purohit, learned Counsel for the petitioner and Shri Kartik Shukul, learned DSGI for respondent No.1-Union of India.

2.

The petitioner Bank, a secured creditor, has initiated action against respondent Nos. 2 to 6 after they committed default in repayment of a loan amounting to Rs.86.40 crores. The petitioner- Bank has approached the learned Debt Recovery Tribunal, Nagpur, and filed O.A. No.343/2016, which is still pending before the learned DRT. 3.

On 06.09.2024, the petitioner Bank filed . . Ι Α No.1630/2024, which is at record page No.126 (AnnexureB), seeking attachment of the properties of respondent No.2 before judgment in the aforesaid O.A. However, the said I.A., filed on 06.09.2024, has not yet been decided by the learned DRT.

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Section 17(5) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prescribes a time limit of 60 days for deciding such applications. The proviso thereto permits an extension, which shall not exceed four months from the date of filing of the application.

5.

In view of the aforesaid statutory provision and the urgency pointed out by learned counsel for the petitioner, we dispose of the present writ petition with a direction to the learned Debt Recovery Tribunal, Nagpur, to decide the aforesaid application, being I.A. No.1630/2024, within a period of four weeks from the date of this order. 6.

The petitioner Bank undertakes to produce a copy of this order before the learned DRT within a period of one week from today. No costs.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 15/04/2026 18:55:30