Yogesh Ashok Patil and Anr. v. Cholamandalam Investment and Finance Co. Ltd.
Case brief
What is this about?
WP 8800/2025, Bombay HC, decided 16-01-2026, coram Manish Pitale & Shreeram V. Shirsat JJ. Petitioners Yogesh Ashok Patil & Anr. vs respondent Cholamandlam Investment and Finance Co. Ltd. (counsel: Pratibha J. Gavhane i/by Shrivallabh S. Panchpor; Alok D. Mishra). Themes: bypassing alternative remedy (DRAT); ad-interim restraint on dispossession from secured assets obtained on unfulfilled representations (payment of dues, buyer exceeding recoverable dues, SBI loan); non-payment over 7 months; writ petition dismissed and interim order vacated; pending applications disposed. Earlier order dated 01-07-2025 by M.S. Karnik & N.R. Borkar, JJ. No statutes or precedents cited.
What did the court decide?
The Court gathered the impression that the petitioners deliberately gave a false impression about being able to arrange the amounts towards outstanding dues, on the strength of which limited ad-interim relief was granted and continued for more than 7 months, while no dues were paid, no buyer was produced and no loan was shown as sanctioned; for this conduct the Court declined to entertain the petition.