M/S Kundan Footwear Thr. Prop. Kundanmal S. Bayad and Ors. v. Hinduja Leyland Finance, Thr. Auth. Officer, Amravati
Case brief
What is this about?
Writ petition interim order; Debt Recovery Tribunal Nagpur delay in deciding IA No. 129 of 2026 in S.A. No. 37 of 2025; stay against Possession Letter; possession scheduled 27/01/2026 under letter dated 19/01/2026 (Annexure-D); DRAT Mumbai without Presiding Officer, charge with DRAT Chennai; direction to DRT to decide interim application within two weeks; adverse order kept in abeyance for two weeks for approaching DRAT Mumbai/Chennai; restraint on physical possession until further orders; notice returnable 27/02/2026; Hinduja Leyland Finance; Kundan Footwear; Kundanmal S. Bayad; Amravati; Anil S. Kilor; Raj D. Wakode.
What did the court decide?
Interim relief granted: (i) notice to respondents, returnable on 27/02/2026; (ii) DRT Nagpur directed to decide IA No. 129 of 2026 within two weeks of production of this Court's order, with any adverse order kept in abeyance for a further two weeks to enable the petitioners to approach DRAT Mumbai/Chennai; (iii) respondent restrained from taking physical possession under the Letter dated 19/01/2026 (Annexure-D) until further orders; (iv) authenticated copy of the order to be supplied to counsel for the petitioner.