Disposed

Bank of Maharashtra v. M/S Boss Optical & Anr.

Delhi HC18 Dec 2025W.P.(C)/19235/2025

Case brief

AI extract

What is this about?

A bank challenged, under Article 226, a Recovery Officer's refusal to permit breaking open and transferring auctioned property to the auction purchaser. Since an appeal against that order was already pending before the DRT, the High Court declined interference and disposed of the petition with liberty to seek expeditious disposal of the appeal.

What did the court decide?

Petition disposed of; liberty to seek expedited disposal of the DRT appeal.

Bank of Maharashtra Vs M/S Boss Optical & Anr. — Banking and Recovery | Delhi HC (2025)

¶1

$~53

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 19235/2025 & CM APPL. 80257/2025 (exp.)

¶4

BANK OF MAHARASHTRA .....Petitioner Through: Mr. Onkar Roy, Mr. Yash Goyal, Mr. Anuj Kumar & Mr. Puneet Singh Yadav, Advs.

¶5

versus

¶6

M/S BOSS OPTICAL & ANR. .....Respondents Through:

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

¶9

O R D E R

¶10

% 18.12.2025

¶11

By way of the present Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner assails the Order dated 14.02.2024 passed by the learned Recovery Officer-I, Debts Recovery Tribunal-I [“ DRT ”], Delhi [“ learned Recovery Officer ”] in TRC/2352/2022, whereby the Petitioner has been denied permission to break open and transfer the subject property, bearing No. VII/1246 in the Abadi of Kucha Mirza Hussain, Farash Khana, Delhi, to the auction purchaser.

¶12

It is the admitted case of the Petitioner that an appeal has already been filed before the learned DRT against the Order of the learned Recovery Officer dated 14.02.2024.

¶13

Being the case, the Petitioner has already exercised the remedy

¶14

This is a digitally signed order.

¶15

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:06:52

¶16

available under the law, and the final adjudication therein is yet to take place.

¶17

At this stage, the Petitioner submits that though the Appeal is pending before the learned DRT, it could not be adjudicated, and it has been pending for years.

¶18

Keeping in view the aforesaid facts and circumstances, this Bench does not find it appropriate to interfere with the Order dated 14.02.2024, passed by the learned Recovery Officer, at this stage.

¶19

Needless to say, the Petitioner has liberty to file an appropriate application before the learned Presiding Officer, DRT, for expeditious disposal of the Appeal.

¶20

Accordingly, the present petition, along with pending application(s), if any, is disposed of in the above terms.

¶21

ANIL KSHETARPAL, J.

¶22

HARISH VAIDYANATHAN SHANKAR, J. DECEMBER 18, 2025/ v /her

¶23

This is a digitally signed order.

¶24

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:06:52

Bank of Maharashtra v. M/S Boss Optical & Anr.

Case brief

What is this about?

What did the court decide?

Bank of Maharashtra v. M/S Boss Optical & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Goel Vs Bar Council of Delhi & Anr.

M/S Super Mattress Co. Vs Commissioner of Delhi Goods and Services Taxes & Ors.

Dwarka Dass Vs UOI & Ors.

M/S Ss Impex Vs Union of India and Ors.

Smt S R Patel Ptc Col & Anr. Vs National Council for Teacher Education & Anr.

Rajnesh Rathore and Ors. Vs Municipal Corporation of Delhi and Ors.

Noora Shereef Vs National Testing Agency & Ors.

M/S Aark Pharmaceuticals & Anr. Vs Indian Council of Medical Research

Msa Global Llc (Oman) Vs Engineering Projects (India) Ltd. & Ors.

M/S Sangeeta Leasings & Anr. Vs Hem Manohar & Ors.

Rajni Sharma Vs Canara Bank & Ors.

Ankit Sood Vs Binny Walia

Arya Orphanage through Its President Sh Sudhir Kumar Gupta Vs Mukti Dutta & Ors.

Shree Ram Dharmik Ramlila Samiti (Regd) Vs Sports Authority of India and Ors.