Partly allowed

Ms Bms Super Market Through its Proprietor Ram Bhagatram Sadhwani v. Au Small Finance Bank Limited

DRT12 Mar 2026SA/441/2025

Case brief

AI extract

What is this about?

In a securitisation application regarding recovery of dues, the Presiding Officer granted a stay on possession scheduled for 13.03.2026, conditional on the applicant depositing 20% of the demand notice amount by that deadline.

What did the court decide?

Stay on possession of suit property scheduled for 13.03.2026 allowed subject to deposit of 20% of demand notice.

Ms Bms Super Market Through its Proprietor Ram Bhagatram… — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL No.3, MUMBAI Before I/c. Presiding Officer, DRT, PUNE

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(Through – Video Conference)

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ORDER

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INTERLOCUTORY APPLICATION NO. 830 OF 2026

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Ms BMS SUPER MARKET Through Proprietor Ram Bhagatram Sadhwani

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… Applicant

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AU SMALL FINANCE BANK LIMITED

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… Respondent

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Advocate Mr. Chetan Shah for the Applicant. Advocate Mr. Sanjay Anubavne for Respondent.

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Ld. Advocate for the Applicant submits that as per order passed in earlier Interlocutory Applications, Applicant shall deposit Rs. 55 Lakhs till next date. Applicant is ready to settle account through OTS. Applicant is running a super market where 50 employees are working if applicant loses possession 50 employees will become unemployed, therefore relief as claimed may be granted.

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Ld. Advocate for the Respondent submits that earlier orders have not been complied in time by the applicant. Today dues are more than 2 crore if applicant deposit sufficient amount possession will be deferred otherwise possession will be taken.

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SECURITISATION APPLICATION NO. 441 OF 2025 (Delivered on 12.03.2026) Ms BMS SUPER MARKET Through its … Applicant Proprietor Ram Bhagatram Sadhwani Versus AU SMALL FINANCE BANK LIMITED … Respondent Advocate Mr. Chetan Shah for the Applicant. Advocate Mr. Sanjay Anubavne for Respondent. 1. Read and heard both parties. 2. Ld. Advocate for the Applicant submits that as per order passed in earlier Interlocutory Applications, Applicant shall deposit Rs. 55 Lakhs till next date. Applicant is ready to settle account through OTS. Applicant is running a super market where 50 employees are working if applicant loses possession 50 employees will become unemployed, therefore relief as claimed may be granted. 3. Ld. Advocate for the Respondent submits that earlier orders have

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In view of the submission of both the parties and considering the huge amount dues from the applicant which is public money I am of the opinion that if the applicant wishes to protect possession of the suit property he will have to deposit a substantial amount before possession.

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Hence, I pass the following order:

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ORDER^{Order for stay for possession of suit property scheduled on 13.03.2026} is granted subject to applicant deposit 20 % of demand notice by 2 PM on 13.03.2026 in default Respondent may take possession of suit Sd/(Dilip G Murumkar) I/c Presiding Officer

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A.^{Order for stay for possession of suit property scheduled on 13.03.2026} is granted subject to applicant deposit 20 % of demand notice by 2 PM on 13.03.2026 in default Respondent may take possession of suit property.

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Sd/-
(Dilip G Murumkar)
I/c Presiding Officer
Date:.12.03.2026 Debts Recovery Tribunal,
Mumbai-III
DRT- II Mumbai

Ms Bms Super Market Through its Proprietor Ram Bhagatram Sadhwani v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

Ms Bms Super Market Through its Proprietor Ram Bhagatram Sadhwani v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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