HDFC BANK LIMITED vs UNION OF INDIA THR MINISTRY OF FINANCE AND ORS

Judgment text excerpt

WP1211&1457_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1211 OF 2026 Hill Top Estate … Petitioners Vs. Union of India through its Secretary and others … Respondents WITH WRIT PETITION NO.1457 OF 2026 HDFC Bank Limited … Petitioners Vs. Union of India through Ministry of Finance and ors. … Respondents --- Mr. Kevic Setalvad, Senior Advocate a/w. Mr. Sidharth Samantaray, Mr. Abdullah Qureshi and Ms. Nalvika Sachiv i/b. India Law LLP for Petitioner in WP/1457/2026 and for Respondent No.2 in WP/1211/2026. Mr. Zal Andhyarujina, Senior Advocate a/w. Mr. Shrey Sancheti, Mr. Carl Patel and Ms. Sanaea Umrikar i/b. Mr. Carl Patel for Petitioner in WP/1211/2026 and for Respondent No.4 in WP/1457/2026. Mr. Mohamedali M. Chunawala with Mr. Ashutosh Mishra for Respondent No.1- UOI in both the Petitions. Mr. Anirudh Hariani a/w. Mr. Rohit Agarwal, Ms. Kruti Bhavsar, Mr. Pratik Barot and Ms. Angel Pandey for Respondent Nos.2 and 3 in WP/1457/2026 and for Respondents Nos.3 and 4 in WP/1211/2026. Mr. Amir Arsiwala a/w. Ms. Vaishnavi Dhure for Respondent No.5 in both the Petitions. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. Reserved on : MARCH 11, 2026 Pronounced on : MARCH 24, 2026 JUDGEMENT : (Per Justice Manish Pitale) . A bank and an auction purchaser are before this Court in these two writ petitions to challenge an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT), whereby an auction conducted by the petitioner bank, wherein the auction purchaser was successful in its bid, has been set aside and the petitioner bank has been directed to take steps 1/30 WP1211&1457_26.doc afresh. The order was passed in an interim application filed by the respondent guarantors in their pending securitisation application. The petitioner