M/s Phoenix Infra Estate International limited vs Bank Of Baroda on 11 May 2026

BEFORE THE HON’BLE PRESIDING OFFICER, DRT, NAGPUR M.A. No. 2/2026 M/s Phoenix Infra Estate International Limited & Another Vs. Bank of Baroda & Another

Sr. No. 13 (UR) Date Exh. No. Roznama Order Next Date 11.05.2026

HEARING THROUGH HYBRID MODE The Ld. Counsel for both sides are present. The Ld. Counsel for applicants has drawn attention of this Tribunal towards the order passed by the Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Civil Application (CAW) No. 2916/2025 in Writ Petition No. 4341/2025 dated 18.12.2025 whereby the petitioner has been directed to avail the remedy as available in law and the order passed by the Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 1204/2026 dated 09.02.2026 whereby this Tribunal has been directed to decide I.A. No. 29/2026 within a period of 2 weeks from the date of production of order of this Court. M.A. No. 2/2026 Heard both sides. The Ld. Counsel for applicants has sought condonation of delay, if any, in filing of S.A in view of order passed by the Hon'ble High Court of

Civil Application (CAW) No. 2916/2025 in Writ Petition No. 4341/2025 dated 18.12.2025 on the ground that in the S.A., they have challenged the e-auction taken place on 08.09.2025 as per e-

Contd.

Page 2 of 5 M.A. No. 2/2026

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auction notice dated 19.08.2025 and they have approached the Hon’ble High Court in Writ Petition No. 1204/2026 whereby parties were directed to maintain the status-quo during pendency of I.A. No. 29/2026 and this Tribunal has been directed to decide I.A. No. 29/2026 within 2 weeks from the date of production of order of this Court. It has been further submitted that as per direction passed by the Hon'ble High Court of

Civil Application (CAW) No. 2916/2025 in Writ Petition No. 4341/2025 dated 18.12.2025, they approached this Tribunal on 26.12.2025. As such, there is no delay in filing S.A. before this Tribunal and as a matter of precaution, the delay of 60 days in filing of S.A. may be condoned in view of directions passed by the Hon’ble High Court in this regard. It has been further submitted that the order passed by the Hon'ble High Court of

Writ Petition No. 4341/2025 was challenged before the Hon’ble Supreme Court in SLP Diary No. 75157/2025, which was disposed of on 01.04.2026 as being infructuous on the grounds mentioned therein. As such, the delay, if any, in filing S.A. may be condoned in the prevailing circumstances. The same has been opposed by the Ld. Counsel for respondent no. 1, who has submitted that in fact there is delay of more than 4059 days in filing the S.A. as the applicants have never challenged the demand notice dated 21.11.2014 and symbolic possession notice dated

Contd.

Contd. 11.05.2026

19.06.2015. In support of his contention, he has relied upon the judgments passed by the Hon’ble Supreme Court, reported in 2022 SCC OnLine SC 1006 and in 2026 SCC OnLine SC 34, by the Hon’ble Karnataka High Court in Writ Petition No. 20193/2025 dated 12.03.2026 and the order passed by Ld. DRT-3, Chennai in I.A. No.

in S.A. No.

dated 05.03.2026. As such, the same may not be allowed. The same has also been opposed by Ld. Counsel for respondent no. 2, who has submitted that he is the successful auction purchaser in favour of whom, sale certificate has been issued on 06.01.2026 and the delay in filing S.A. may not be condoned in view of consistent judgments passed by the Hon’ble Courts, reported in 2026 SCC OnLine SC 34, in 2010 SCC OnLine Cal 1361, in Writ Petition No. 8100/2019 dated 12.05.2021 passed by the Hon’ble High Court of Orissa at Cuttack, in M.A. (S.A.) 31/2022 reported in (2025) ibclaw.in 126 DRAT passed by the Hon’ble DRAT, Chennai dated 13.06.2025, in (2025) 4 Supreme Court Cases 38, in 2009 (4) ALL MR 247 passed by the Hon’ble High Court of Judicature at Bombay, in 2009 SC OnLine P&H 10293, in 2010 SCC OnLine P&H 8035; 2012 SCC OnLine P&H 10582; (2020) 16 SCC 230; 2020 SCC OnLine Bom 10976; in Writ Petion Nos. 1486/2006 dated 04.10.2018 and 6079/2020 dated 17.07.2021 passed by the Hon’ble High Court of Bombay, Aurangabad Bench, Aurangabad, in Writ Petition No. 3375/2021 (C)

Contd.

Contd. 11.05.2026

dated 29.09.2021 passed by the Hon’ble High Court of Judicature at Bombay. As such, the same may not be allowed. Considering the submissions of both sides and material placed on record, it is apparent clear that the e-auction has taken place on 08.09.2025 and sale certificate has been issued on 06.01.2026 and applicants approached this Tribunal on 26.12.2025 after necessary liberty granted to applicants in Civil Application (CAW) No. 2916/2025 in Writ Petition No. 4341/2025 dated 18.12.2025. The same has been challenged before the Hon’ble Supreme Court in SLP Diary No. 75157/2025 which was disposed of as being infructuous on 01.04.2026. As such, it shall be deemed that the delay, if any, in filing S.A. before this Tribunal has been condoned by the Hon’ble High Court whereby this Tribunal has been directed to dispose of I.A. No. 29/2026 within a period of 2 weeks from the date of production of the order passed in Writ Petition No. 1204/2026 dated 09.02.2026. In view of orders passed by the Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Civil Application (CAW) No. 2916/2025 in Writ Petition No. 4341/2025 dated 18.12.2025 along with Writ Petition No. 1204/2026 dated 09.02.2026 read with the order passed by the Hon’ble Supreme Court in SLP Diary No. 75157/2025 dated 01.04.2026, I am of the view that the present M.A. is maintainable in the eye of law. Accordingly, it is hereby allowed in the interest of justice.

Contd.

Contd. 11.05.2026

The registry the hereby directed to register the S.A., if otherwise in order. Put up for filing reply to S.A. by respondents and hearing on I.A. Nos. 1950/2025 and 29/2026 on --

(Pankaj Kumar) Presiding Officer, DRT, Nagpur.

12.05.2026

VIKAS