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Bombay High Court

CENTRAL BANK OF INDIA BRANCH NASHIKversusM/S RE INFRA AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court directed the DRAT to dispose of the pending appeal as expeditiously as possible, on or before 15 January 2027, without expressing any opinion on the merits.

Summary

The Central Bank of India (Nashik branch), a secured creditor, filed a writ petition challenging an interim stay order dated 12-12-2024 issued by the Debt Recovery Appellate Tribunal (DRAT) in favour of the borrowers, M/s Re Infra and others. The petitioner sought an order directing the DRAT to dispose of the pending Miscellaneous Appeal No. 51 of 2025 expeditiously. The Court held that directing a speedy disposal benefits all parties and that notice to the auction purchasers (respondents 5 and 6) was unnecessary. Consequently, the Court ordered the DRAT to decide the appeal by 15 January 2027, without expressing any view on the merits of the underlying dispute. The writ petition was therefore disposed of, keeping the parties' rights and contentions open.

Issues considered

  • Whether the High Court can direct the Debt Recovery Appellate Tribunal to dispose of a pending appeal expeditiously.
  • Whether notice to the auction purchasers (respondents 5 and 6) is required before issuing such a direction.

Subjects

  • Debt Recovery Appellate Tribunal
  • expeditious disposal
  • writ petition
  • secured creditor
  • interim stay order
  • auction purchasers
  • high court direction

Judgment

                            varsha                                                   14-wp-13113-2026.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 13113 OF 2026


                      Central Bank Of India Branch              ..              Petitioner
                      Nashik
                      V/S.
                      M/S Re Infra And Ors                      ..             Respondents
                                                     -------------------
                      Adv. Somya i.by T.N. Tripathi and Co., for petitioner.
                      Ms. Samita Vaviya i.by Pritesh Burad Associates, for respondent Nos. 1 to
                      4.
                                                     --------------------

VARSHA
                                                     CORAM : MANISH PITALE &
DEEPAK                                                       SHREERAM V. SHIRSAT, JJ.
GAIKWAD
Digitally signed by
VARSHA DEEPAK
GAIKWAD
Date: 2026.10.09
                                                       DATE : 8TH OCTOBER 2026.
10:36:50 +0530

                      PC:


                      1.       The petitioner bank (secured creditor) has approached this court
                      aggrieved by interim order dated 12.12.2024 passed by the Debt
                      Recovery Appellate Tribunal (DRAT) in an appeal filed by the
                      respondent.

                      2.       The said stay order has been continued subsequently and it is
                      operating in the pending appeal as on today.

                      3.       During the course of arguments, learned counsel for the
                      petitioner submitted that if this court directs expeditious disposal of
                      the appeal itself, the petitioner bank would be satisfied.

                      4.       Respondent Nos. 1 to 4 (borrowers) are represented by counsel.


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     varsha                                              14-wp-13113-2026.doc


5.      We are of the opinion that an order for expeditious disposal of a
pending proceeding inures to the benefit of all the parties and
therefore issuance of notice to respondent Nos. 5 and 6 is dispensed
with.

6.      In any case, respondent Nos. 5 and 6 are the auction purchasers,
who themselves would be interested in expeditious disposal of the
pending appeal before the DRAT, particularly when interim order is
operating in favour of respondent Nos. 1 to 4 (borrowers).

7.      In view of the above, the writ petition is disposed of by directing
the DRAT to dispose of pending Miscellaneous Appeal No. 51 of 2025,
as expeditiously as possible, and in any case on or before 15th January
2027.

8.      It is made clear that this court has not expressed any opinion on
the merits of the matter and all the rights and contentions of the
parties are kept open.




(SHREERAM V. SHIRSAT, J.)                          (MANISH PITALE, J.)




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