Bombay High Court
ROY JALAL JAFFARBHAIversusAUTHORISED OFFICER BANK OF BARODA
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the DRAT to finally hear and dispose Appeal No. 60 of 2023 expeditiously, by 15 December 2026, without setting aside the status‑quo order.
Summary
The petitioner, an auction purchaser, filed a writ petition challenging a status‑quo order imposed by the Debt Recovery Appellate Tribunal (DRAT) on his appeal pending since 2023. He had deposited the full bid amount in 2022 and obtained a sale certificate, but could not enjoy the property due to the DRAT’s interim order dated 12‑07‑2023 and continued on 22‑04‑2024. The petitioner sought either setting aside the status‑quo order or, alternatively, a direction for the DRAT to dispose of the appeal expeditiously. The Court, noting that this was the first listing and the respondents were absent, held that issuing notice was unnecessary and that directing the DRAT to conclude the appeal would benefit all parties. Consequently, the Court ordered the DRAT to hear and finally dispose Appeal No. 60 of 2023 as soon as possible, and in any event by 15‑12‑2026. The petition was disposed of on that basis.
Issues considered
- Whether the writ petition seeking relief from the DRAT’s status‑quo order is maintainable and appropriate relief can be granted
Subjects
- auction purchase
- status quo
- Debt Recovery Appellate Tribunal
- writ petition
- expeditious disposal
- civil appellate jurisdiction
Judgment
13_WP_11351_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11351 OF 2026
Roy Jalal Jaffarbhai … Petitioner
vs.
Authorized officer, Bank of Baroda and others … Respondents
Mr. Sidharth Samaratay a/w. Mr. Anuj Jhaveri and Mr. Mihir Modi for
petitioner.
None for respondents.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 10th SEPTEMBER, 2026
P.C. :
. The petitioner before this Court is an auction purchaser and he
is aggrieved by an order of status quo operating in an appeal pending
before the Debts Recovery Appellate Tribunal (DRAT) since the year
2023.
2. It is submitted that the appeal has been heard and the interim
order operating during the pendency of the appeal, is hurting the
petitioner, who has deposited the entire bid amount way back in the
year 2022. The sale certificate is also issued in favour of the
petitioner, but he is unable to enjoy the fruits thereof, in the light of
the order of status quo passed by the DRAT.
3. Instead of entertaining this petition for examining the
correctness or otherwise of the aforesaid order passed by the DRAT
as far back as on 12.07.2023 and thereafter, continued by order
dated 22.04.2024, we are of the opinion that as per the alternative
prayer made by the petitioner, appropriate direction can be issued to
the DRAT for expeditious disposal of the appeal.
Digitally signed
by PRIYA
PRIYA KAMBLI
KAMBLI Date:
2026.09.10
17:48:18 +0530
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13_WP_11351_26.doc
4. Although this is the first date of listing of this petition and the
respondents are not before this Court, we are of the opinion that an
order for expeditious disposal of pending proceeding inures to the
benefit of all the parties to such proceeding. Hence, issuance of
notice to the respondents is dispensed with.
5. Writ petition is disposed of by directing the DRAT to finally
hear and disposed of pending Appeal No.60 of 2023 as expeditiously
as possible and in any case, on or before 15.12.2026.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
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