Wisdom English School Sitature At ... vs The Authorized Officer Edelweiss Asset ...
2026 Latest Caselaw 5267 Bom

Bombay High Court

Wisdom English School Sitature At ... vs The Authorized Officer Edelweiss Asset ... on 19 May, 2026

                                                                 1-CWPST-14767-26.odt
                                       1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
                WRIT PETITION (STAMP) NO.14767 OF 2026
                     Wisdom English School and Others
                                  VERSUS
     The Authorised Officer Edlweiss Asset Reconstruction Company Ltd.
                                And Others
                                    ......
Mr. Amit A. Mukhedkaar, Advocate for Petitioners
R.K, Ingole, AGP for all Respondents.
                                    ......

                                CORAM         : SIDDHESHWAR S. THOMBRE, J.

[VACATION COURT] DATE : 19 MAY, 2026 PER COURT :

1. Heard the learned counsel for the Petitioners

2. Learned counsel for the petitioners submits that, due to extreme

urgency, the matter is circulated. He submits that on 11.05.2026, a possession

notice came to be issued. It is further submitted that after acquiring knowledge

of the proclamation, the petitioners filed an Interim Application before the

learned Debts Recovery Tribunal, Aurangabad. The learned Tribunal, by order

dated 18.05.2026, rejected the said Interim Application by recording a finding

that the sale certificate had already been issued and registered on 31.01.2026,

pursuant to the auction sale conducted on 30.12.2025. Learned counsel further

submits that even according to the statement made before the learned Debts

Recovery Tribunal, the property has already been sold and the Bank has

recovered the amount. It is submitted that the entire sale process was

conducted behind the back of the petitioners and that the prescribed procedure

was not followed while conducting the sale.

1-CWPST-14767-26.odt

3. Considering the submissions advanced and the fact that the petitioner is

a school and presently in possession of the property, I am inclined to protect the

possession of the petitioners till the next date.

4. Issue notice to respondents, returnable on 16.06.2026.

3. Till the next date, ad interim relief in terms of prayer clause 'D'.

[ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane