Bombay High Court
CHOLAMANDALAM INVESTMENT NAD FINANCE COMPANY LTD.versusTHE DEBTS RECOVERY APPELLATE TRIBUNAL , MUMBAI AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court may dispense with notice and direct the DRAT to dispose of a pending appeal expeditiously.
Summary
The petitioner, a secured creditor, filed a writ petition seeking a limited direction to the Debts Recovery Appellate Tribunal (DRAT), Mumbai, to dispose of a pending Miscellaneous Appeal No.5 of 2026. The petitioner had filed a reply affidavit in that appeal and the matter was scheduled for listing on 21‑10‑2026. The High Court held that expeditious disposal of the pending proceeding would benefit all parties and therefore the Court could dispense with issuing notice to the respondents. Consequently, the Court directed the DRAT to hear and dispose of the appeal as soon as possible, but no later than 15‑12‑2026. The writ petition was disposed of by this direction.
Issues considered
- Whether the High Court can dispense with notice to respondents while directing the DRAT to dispose of a pending appeal expeditiously
Subjects
- writ petition
- secured creditor
- Debts Recovery Appellate Tribunal
- expeditious disposal
- notice dispensed
- civil appellate jurisdiction
Judgment
18_WP11604_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11604 OF 2026
Cholamandalam investment & Finance Company
Limited … Petitioner
Vs.
Debts Recovery Appellate Tribunal and others … Respondents
Mr. Navin Arora for Petitioner.
None for Respondents.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : SEPTEMBER 09, 2026
P.C. :
. By this writ petition, the petitioner (secured creditor) is seeking a
limited direction to the Debts Recovery Appellate Tribunal, Mumbai
(DRAT) to dispose of pending Miscellaneous Appeal No.5 of 2026.
2. The petitioner is the respondent in the said appeal and the
respondent Nos.2 to 4 are the appellants.
3. It is brought to our notice that reply affidavit has been filed by the
petitioner in the said appeal, and that now, the appeal is directed to be
listed on 21.10.2026.
4. Although this is the first date of listing and the respondents are
not before this Court, we are of the opinion that the direction for
MINAL Digitally signed
by MINAL
SANDIP Date:
SANDIP PARAB
2026.09.09
PARAB 19:10:52 +0530
expeditious disposal of a pending proceeding inures to the benefit of all
the parties to the proceedings. Therefore, issuance of notice to the
respondents is dispensed with.
5. The writ petition is disposed of by directing DRAT, Mumbai to
hear and dispose of Miscellaneous Appeal No.5 of 2026 as expeditiously
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18_WP11604_26.doc
as possible and in any case, on or before 15.12.2026.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab
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