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Judgment
Present :
Mr. Rajesh Nagory, i/b Mr. Darshan Solanki, i/b Ms. Vaishnavi Nagargoje, Counsel for Applicant.
Mr. Anup Khaitan along with Mr. Harsh Gutka & Ms. Akshita R., M/s. Anup Khaitan & Co., Counsel for Respondent No.1.
No representation for the other Respondents despite repeated calls.
The Learned Counsel for the Applicant would submit that Misc. Appeal (Diary) No. 1460/2026 has been filed mainly with a prayer seeking a direction to the DRT, Pune to hear and decide Securitisation Application No. 115/2025 within 90 days from the date of disposal of the appeal in accordance with the provisions of Section 17(6) of the SARFAESI Act.
The Learned Counsel for the Applicant would submit that I.A. (Diary) No. 1461/2026 has been filed seeking the same relief by way of interim measures.
He would further submit that the aforesaid Misc. Appeal and Interlocutory Application are presently at the Diary stage; that, as the Hon’ble High Court vide its order dated 10.09.2026 passed in Writ Petition No. 11539/2026 has disposed of the waiver application, the applications would be registered in accordance with law but the same could not be done as the amount of ₹40 lakhs, as directed by the Hon’ble High Court, was deposited only yesterday; that, therefore, the present appeal and Interlocutory Application may be heard today.
The Learned Counsel for the Applicant would further submit that although there are certain other prayers made in the Misc. Appeal, the Applicant restricts the present Misc. Appeal only to the prayer made in Clause (B) of paragraph 6 of the Memo of Appeal for seeking a direction to the DRT, Pune to dispose of Securitisation Application No. 115/2025 within a specific period of 90 days or 120 days as provided under Section 17(6) of the SARFAESI Act.
He would further submit that the prayers made in the other clauses of paragraph 6 may be kept open without prejudice to the respective rights or contentions of the Applicant or the Respondents; that, the said prayers may be adjudicated upon by the Lower Tribunal on their own merits.
The Learned Counsel for Respondent No.1/Bank would submit that he has no objection if such a direction is passed in view of the directions of the Hon’ble High Court, without prejudice to the rights and contentions of Respondent No.1/Bank to contest the issues raised in respect of the other clauses of the prayer on their own merits.
Considered and perused the record.
In view of the above submissions, Misc. Appeal Diary No. 1460/2026 is disposed of with a direction to the DRT, Pune to dispose of Securitisation Application No. 115/2025 within 120 days from the date of receipt of a copy of this order.
All pending, I.As if any, stand dismissed.