Hdfc Bank Limited Thr Its Authorised Officer vs Union of India Thr Ministry of Finance and Ors. — Bombay HC (2025) — LawSathi Research

Hdfc Bank Limited Thr Its Authorised Officer vs Union of India Thr Ministry of Finance and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions issued: DRT - III (In-charge), Mumbai directed to commence hearing of Interim Application No. 1910 of 2025 and Interim Application (Diary) No. 2349 of 2025 and dispose of them latest by 5th January 2026, without entertaining adjournments; parties undertook to file no further argument notes and to cooperate; Advocates to make a copy of the order available to the Registrar, DRT - III (In-charge), Mumbai; Writ Petitions stood over and to be placed for consideration on 12th January 2026.

Issue for consideration

Whether the DRT - III, Mumbai ought to be directed to hear and dispose of Interim Application No. 1910 of 2025 and Interim Application (Diary) No. 2349 of 2025, having failed to dispose of them within the four-week timeline fixed by this Court's order dated 13th October 2025. +1 more

Court's answer

From the Roznama it appeared that the matter had been coming up from time to time before DRT - III, Mumbai with dates given in view of the pending Writ Petitions, and that the timeline specified by this Court seemed to have lapsed.

Ratio / Principle

The Court directed the DRT - III (In-charge) to commence the hearing of the said Interim Applications and dispose them of latest by 5th January 2026.

Key takeaways

The Presiding Officer of DRT - III (In-charge), Mumbai was directed not to entertain any adjournments sought for by the parties and to hear the said Interim Applications on dates fixed and, in any event, prior to 5th January 2026.ratio¶24
The parties in the Writ Petitions, who are also parties before DRT - III in the said Interim Applications, stated that they would not file any further argument notes before DRT - III, Mumbai and would cooperate with the Presiding Officer, DRT - III (In-charge), in the hearing and disposal of the Interim Applications by the stipulated date.ratio¶19

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT BOMBAY (Civil Appellate Jurisdiction), Coram: R.I. Chagla and Farhan P. Dubash, JJ. - Order dated 19 December 2025 in Writ Petition Stamp No. 29997 of 2025 and Writ Petition No. 12208 of 2025 (Hill Top Estate v. Union of India) and Writ Petition No. 13453 of 2025 (HDFC Bank Ltd. v. Union of India). The Writ Petitions were placed before the Court in light of the nondisposal by Debts Recovery Tribunal - III, Mumbai of Interim Application No. 1910 of 2025 and Interim Application (Diary) No. 2349 of 2025, despite this Court's order dated 13 October 2025 directing their disposal within four weeks as a last chance. From the Roznama dated 21 November 2025 annexed to an additional Affidavit in W.P. No. 13453 of 2025, the Court noted that dates had been given in view of the pending Writ Petitions, that the specified timeline had lapsed, that argument notes had since been filed, and that the matter had been stood over, the next listing being 23 December 2025. Held/directed: (i) DRT - III (In-charge) to commence hearing of the Interim Applications and dispose of them latest by 5 January 2026; (ii) the Presiding Officer not to entertain any adjournments and to hear the Interim Applications on dates fixed, in any event prior to 5 January 2026; (iii) the parties undertook to file no further argument notes and to cooperate with the Presiding Officer; (iv) the Advocates to make a copy of the order available to the Registrar of DRT - III (In-charge), Mumbai to act upon; (v) the Writ Petitions stood over beyond the stipulated date of disposal and placed for consideration on 12 January 2026. No statute or precedent was cited.

Hill Top Estate Vs. UOI HDFC Bank Vs. UOI 1.WP(ST)/29997/2025with WP/12208/25withWP13453/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO. 29997 OF 2025 Hill Top Estate … Petitioner V/s. Union of India (through the Secretary of the Ministry of Finance, Dept. of Financial Services) & Ors. … Respondents WITH WRIT PETITION NO. 12208 OF 2025 Hill Top Estate … Petitioner V/s. Union of India (through the Secretary of the Ministry of Finance, Dept. of Financial Services) & Ors. … Respondents WITH WRIT PETITION NO. 13453 OF 2025 HDFC Bank Ltd. … Petitioner V/s. Union of India (through the Secretary of the Ministry of Finance, Dept. of Financial Services) & Ors. … Respondents

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------------------------------------Order dated 19^th December 2025

Hill Top Estate Vs. UOI HDFC Bank Vs. UOI 1.WP(ST)/29997/2025with WP/12208/25withWP13453/25

Mr. Zal Andhyarujina, Senior Counsel a/w. Mr. Shrey Sancheti i/b. Carl Patel & Sanaea Umrigar and Mr. Vrushabh Salva for Petitioner – Hill Top Estate.

Mr. Kevic Setalvaad, Senior Counsel a/w. Mr. Sidharth Samantaray, Mr. Abdullah Qureshi, Ms. Malvika Sachin i/b. India Law LLP for Petitioner – HDFC Bank

Mr. Mohamedali M. Chunawala i/b. A.A. Ansari for Respondent No. 1 in WP(L)/29997/2025 and WP/12208/2025.

Ms. Rachana S. Lad h/f. Liquidator Mahesh Sureka (Respondent No. 5)

Mr. Anirudh Hirani a/w. Ms. Kruti Bhavsar, Mr. Pratik Barot, Ms. Poorvi Chauhan, Mr. Amar Dube for Respondent No. 3 and 4 – Hill Top Estate.

CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 19^th DECEMBER 2025

ORDER :

The Writ Petitions have been placed today in light of nondisposal of Interim Application No. 1910 of 2025 and Interim Application (Diary) No. 2349 of 2025 which have been filed before the Debts Recovery Tribunal – III, Mumbai (DRT – III, Mumbai). This is inspite of order dated 13^th October 2025 which had directed the DRT – III, Mumbai to dispose of the said Interim Applications within a period of four weeks from the date of the said order as a last chance and no further chance will be given thereafter.

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------------------------------------Order dated 19^th December 2025

Hill Top Estate Vs. UOI HDFC Bank Vs. UOI 1.WP(ST)/29997/2025with WP/12208/25withWP13453/25

In the additional Affidavit of the Petitioner in Writ Petition No. 13453 of 2025, the Roznama of the DRT – III has been annexed. It appears from the Roznama that the matter has been coming up from time to time before the DRT – III, Mumbai and dates have been given in view of the above Writ Petitions pending before this Court. In the Roznama dated 21^st November 2025, it is recorded by DRT – III that all sides to file argument notes in Interim Application No. 1910 of 2025. Further, that the timeline specified by this Court seems to have lapsed. Thereafter, the parties have filed their argument notes and the matter has been stood over by DRT – III in view of the above Writ Petitions coming up before this Court.

Considering that the DRT – III (In-charge) has been listing the said Interim Applications on various dates and the next date of listing is 23^rd December 2025, we direct the DRT – III (In-charge) to commence the hearing of the said Interim Applications and dispose them of latest by 5^th January 2026. The parties in the above Writ Petitions who are also parties before the DRT – III, in the said Interim Applications state that they do not propose to file any further argument notes before the DRT – III, Mumbai and that they will co-operate with Presiding Officer, DRT – III (In-charge), in the hearing and disposal of the said Interim Applications by the stipulated date.

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------------------------------------Order dated 19^th December 2025

Hill Top Estate Vs. UOI HDFC Bank Vs. UOI 1.WP(ST)/29997/2025with WP/12208/25withWP13453/25

The Presiding Officer of DRT – III (In-charge), Mumbai is

directed not to entertain any adjournments sought for by the parties and to hear the said Interim Applications on dates fixed and, in any event, prior to 5^th January 2026.

The Writ Petitions are being stood over beyond the stipulated date of disposal of the said Interim Applications and shall be placed for consideration on 12^th January 2026.

The Advocates for the parties shall make available a copy of this order to the Registrar of DRT – III (In-charge), Mumbai to act upon.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. )

Ajay Jadhav

1.WP(ST)/29997/2025 with WP/12208/25 with WP/13453/25

Digitally signed by JYOTI JYOTI PRAKASH PRAKASH PAWAR PAWAR Date:2025.12.20 15:30:50 +0530

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------------------------------------Order dated 19^th December 2025