Bombay High Court
CANARA BANKversusPREMKUMAR DEVANDAS KISHNANI AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of as withdrawn.
Summary
Canara Bank, a secured creditor, filed a writ petition challenging a Debts Recovery Appellate Tribunal (DRAT) order that granted a waiver of pre‑deposit. The bank subsequently withdrew its appeal before the DRAT. Consequently, the bank sought to withdraw the writ petition itself. The High Court considered the request and, noting that the underlying dispute was no longer pending, disposed of the writ petition as withdrawn. All pending applications, if any, were also dismissed.
Issues considered
- Whether a writ petition can be withdrawn when the underlying appeal before the DRAT has been withdrawn
Subjects
- writ petition
- withdrawal
- DRAT
- secured creditor
- pre‑deposit waiver
Judgment
69_WP_16151_25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16151 OF 2025
Canara Bank … Petitioner
vs.
Premkumar Devandas Kishnani (since deceased)
Through legal heirs and another … Respondents
Ms. Somesh Talla, i/b. Ms. Vaishali Bhilare for petitioner.
Mr. Indrajeet Hingare for respondent No.2.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 07th OCTOBER, 2026
P.C. :
. The learned counsel appearing for the petitioner – bank
(secured creditor) submits that the writ petition is rendered
infructuous, for the reason that the subject matter of challenge was
an order passed by the Debts Recovery Appellate Tribunal (DRAT) in
an application for waiver of pre-deposit. Subsequently, the petitioner
withdrew the appeal itself in the DRAT.
2. In that light, the petitioner – bank desires to withdraw the writ
petition.
3. In view of the above, the writ petition is disposed of as
withdrawn. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Digitally signed
Priya
PRIYA Kambli
by PRIYA
KAMBLI
KAMBLI Date:
2026.10.07
15:00:49 +0530
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