Rajeshwari Raj Medithi vs the Board of Directors of Idbi Bank Ltd. Represented by Managing Director and CEO — Bombay HC (2025) — LawSathi Research

Rajeshwari Raj Medithi vs the Board of Directors of Idbi Bank Ltd. Represented by Managing Director and CEO — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Breathing time granted to the Petitioner; date for taking possession of the secured asset re-scheduled to 23/04/2025 in continuation of the Debts Recovery Tribunal's order; liberty to approach the Debts Recovery Appellate Tribunal for appropriate relief; all issues on merits kept open.

Issue for consideration

Whether the Court should enter into the merits of the Petitioner's challenge to the Debts Recovery Tribunal's order dated 05/04/2025 refusing interim relief. +1 more

Court's answer

As the remedy of approaching the Debts Recovery Appellate Tribunal was available to the Petitioner, the Court found it unnecessary to enter into the merits of the challenge to the Debts Recovery Tribunal's order dated 05/04/2025.

Ratio / Principle

Keeping in mind the ensuing public holidays, breathing time was granted to the Petitioner: in continuation of the Debts Recovery Tribunal's order, the date for taking possession of the secured asset was re-scheduled to 23/04/2025, and the Petitioner was left free to approach the Debts Recovery Appellate Tribunal and seek appropriate relief.

Key takeaways

All issues on merits were kept open for being raised before the appropriate forum.ratio¶¶18

Detailed headnote1 paragraphs

Bombay High Court (A. S. Chandurkar & M. M. Sathaye, JJ.) disposed of a writ petition and interim application in which the Petitioner sought protection against taking of possession of a secured asset. The Court declined to enter into the merits of the challenge to the Debts Recovery Tribunal's order dated 05/04/2025 (by which Interim Application No. 535 of 2025 seeking protection was decided, interim relief refused, and taking of possession deferred till 09/04/2025), since the statutory remedy of approaching the Debts Recovery Appellate Tribunal was available to the Petitioner. Granting 'breathing time' in view of the ensuing public holidays, the Court, in continuation of the Tribunal's order, re-scheduled the date for taking possession to 23/04/2025, left the Petitioner free to seek appropriate relief before the Appellate Tribunal, and kept all issues on merits open.

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BHARAT DASHARATH PANDIT

Digitally signed by BHARAT DASHARATH PANDIT Date: 2025.04.09 19:17:55 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.10574 OF 2025 IN WRIT PETITION NO. 1110 OF 2025

Rajeshwari Raj Medithi ….Applicant. In the matter between Rajeshwari Raj Medithi …. Petitioner. V/s The Board of Directors of IDBI Bank Ltd., represented by Managing Director & CEO & Others. … Respondents.

Mr. Mathews J. Nedumpara with Ms. Hemali Kurne, Ms. Sweta Dadheech & Ms. Reena Richards i/b Nedumpara & Nedumpara, Advocates for the Applicant/Petitioner.

Mr. Vivek V. Phadke, Advocate for Respondent Nos. 3 and 4.

Mr Amir Arsiwala with Ms. Bindu Mehta i/b Mr. Ankur Kumar, Advocates for Respondent No.1.

Ms Uma Palsuledesai, Assistant Government Pleader for Respondent No.7 – State.

CORAM : A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 9^th APRIL, 2025

P.C. :

1] Pursuant to the Order dated 04/04/2025 passed in the present writ petition, the Petitioner had filed Interim Application No.535 of 2025 seeking protection. This Interim Application was considered by the Debts Recovery Tribunal and decided on 05/04/2025. While refusing to grant any interim relief, the Debts Recovery Tribunal has directed that possession of the secured asset should not be taken till today which is 09/04/2025.

BDP-SPS

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2] Considering the fact that remedy of approaching the Debts Recovery Appellate Tribunal is available to the Petitioner, it is not necessary to enter into the merits of challenge to the order dated 05/04/2025. However, keeping in mind the ensuing public holidays, some breathing time deserves to be granted to the Petitioner to enable her to avail the statutory remedy. Thus, in continuation of the order passed by the Debts Recovery Tribunal, the date for taking possession is re-scheduled to 23/04/2025. In the meanwhile, it is open for the Petitioner to approach the Debts Recovery Appellate Tribunal and seek appropriate relief. All issues on merits are kept open for being raised before the appropriate forum.

3] With the aforesaid directions and observations, the writ petition and the interim application are disposed of.

(M. M. SATHAYE, J.)

BDP-SPS

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