The Court disposed of the interim writ petition and applications regarding possession disputes upon acceptance of the Applicants' affidavit proposing a settlement indemnity with the Bank.
Disposed of I.A. No.153/2026, I.A. No.154/2026 and S.A. No.533/2025; possession deferred subject to settlement conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| 19.01.2026 | Exh. | Roznama-MDRT-II S.A. No.533 of 2025 |
Next date |
|---|---|---|---|
| Mr Puneet Gogad, Advocate for the Applicants. Mr Charles De Souza and Mr Smit Shah, Advocate for Respondent. |
|||
| 9 | During the course of arguments, Ld. Advocate for the Applicants submit that the Applicants wish to settle the matter with the Respondent. Accordingly, filed affidavit (exhibit-9) stating that the OTS dated 29.11.2025 issued and approved by the Respondent Bank is extended till 16.02.2026 with all terms and conditions and the Applicants have to pay balance amount of Rs.3,83,00,000/- on or before 16.02.2026 as full and final balance OTS and Respondent Bank after receiving Rs.3,83,00,000/- will issue no due certificate to the Applicants and hand over all the original papers of the secured asset to the Applicants. The Applicants further stated that if the amount of Rs.3,83,00,000/- is not paid to the Bank by 16.02.2026 then, the Applicants will hand over the peaceful and vacant possession of the mortgaged property to Respondent Bank. The consent and affidavit filed by the Applicants is accepted. |
Page 1 of 2
| rst - 02 | Ld. Advocate for Respondent has no objection regarding above settlement. So, in view of affidavit filed above, possession fixed for 19.01.2026 be deferred subject to condition mentioned in affidavit (exhibit-9) failing which the Applicant shall handover the physical vacant possession of the subject property to the Respondent and the Respondent would be at liberty to take appropriate measures under the SARFAESI Act. In view of the above, I.A. No.153 of 2026, I.A. No.154 of 2026 as well as S.A. No.533 of 2025 stand disposed of. File be consigned to the Record Room after due compliance. Sd/- P.O. DRT-II |
Closed |
|---|
Page 2 of 2
1 issue framed by the court
Whether interim orders stay are to be disposed of based on the Applicants' affidavit for settlement and vacating possession.
1 provisions across 1 enactments
Applicants
Respondent Bank
P.O.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
