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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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