Disposed

M/S. Kalpak Polyplastic Industries and Ors. v. Central Bank of India

Bombay HC27 Aug 2026WP/10926/2026

Case brief

AI extract

What is this about?

The Supreme Court, under appellate jurisdiction summary disposal, directed the Debts Recovery Tribunal-II, Mumbai to expedite hearing and dispose of a waiver of pre-deposit application within six weeks without expressing an opinion on the merits.

What did the court decide?

Direction to DRT-II, Mumbai to dispose of Interim Application No.2194 of 2026 as expeditiously as possible and within six weeks.

M/S. Kalpak Polyplastic Industries and Ors. Vs Central Bank of India — Bombay HC (2026) — LawSathi Research

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16_WP10926_26.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10926 OF 2026

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M/s. Kalpak Polyplastic Industries and others Vs.

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… Petitioners

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Central Bank of India … Respondent

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Mr. Rupak Sawangikar a/w. Mr. Pranav Pramod Rane i/b. Mr. Pranav Pramod Rane for Petitioners.

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Adv. Somya i/b. T. N. Tripathi & Co. for Respondent.

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CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : AUGUST 27, 2026

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P.C. :

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. Mr. Sawangikar, learned counsel for the petitioners is pressing for limited relief in this writ petition pertaining to a direction to the Debts Recovery Tribunal - II, Mumbai (DRT-II) to consider and pass order on Interim Application Nos.2194 of 2026 and 2099 of 2026 filed in Appeal (D) No.131 of 2026.

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These applications pertain to prayers of the petitioners for waiver of pre-deposit and for interim stay. It is submitted that the application seeking waiver of pre-deposit will have to be heard first in point of time and on that basis, a direction is sought for early disposal of the said application.

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The learned counsel for the respondent Bank submits that a proper reading of Section 30A of Recovery of Debts and Bankruptcy Act, 1993 would show that pre-deposit is mandatory and that the respondent bank is entitled to contend before the DRT-II that waiver cannot be granted.

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We are of the opinion that since the petitioners are seeking a

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MINALSANDIPPARAB Digitally signedby MINALSANDIP PARABDate: 2026.08.2715:45:43 +0530

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16_WP10926_26.doc

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limited direction to DRT-II, the writ petition can be disposed of by issuing appropriate directions.

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The writ petition is disposed of by directing the DRT-II, Mumbai to consider and dispose of Interim Application No.2194 of 2026 as expeditiously as possible and in any case, within six weeks from today.

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It is made clear that this Court is not expressing any opinion either way on the contentions raised by the rival parties. All rights and contentions of the parties are kept open.

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Pending applications, if any, in this writ petition are also disposed of.

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(SHREERAM V. SHIRSAT, J.)

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(MANISH PITALE, J.)

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Minal Parab

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M/S. Kalpak Polyplastic Industries and Ors. v. Central Bank of India

Case brief

What is this about?

What did the court decide?

M/S. Kalpak Polyplastic Industries and Ors. v. Central Bank of India

Case brief

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