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Bombay High Court

IDBI BANK LTDversusARUNKUMAR BABU TUMMALA AND ANR

Decided
Disposal
Disposed Off

Holding

The DRAT should examine the rival submissions and the writ petition is disposed of with directions to file affidavits and to dispose of the appeal promptly.

Summary

The petitioner, IDBI Bank Ltd., challenged a July 10, 2025 order of the Debts Recovery Appellate Tribunal (DRAT) which held that a third‑party respondent was not required to make a pre‑deposit and consequently deferred taking physical possession of the subject property. The High Court noted that the petition had been pending without effective hearing and treated it as a fresh matter. The Court observed that the issue raised by the bank could be examined by the DRAT, and that the parties should be allowed to file further affidavits and documents. Accordingly, the Court directed the petitioner to file a detailed affidavit and supporting documents in the DRAT appeal within three weeks, and the respondent to file a rejoinder within two weeks thereafter. The DRAT was instructed to dispose of the pending appeal and applications by the next listing date of 21‑01‑2027, or within two weeks thereafter. The writ petition was therefore disposed of with these procedural directions.

Issues considered

  • What is the correctness of the DRAT's interim direction deferring possession and not requiring a pre‑deposit from a third‑party respondent?
  • Whether the High Court should intervene in the DRAT's procedural order or allow the DRAT to examine the matter further?

Subjects

  • writ petition
  • DRAT
  • pre‑deposit
  • third‑party respondent
  • possession
  • procedural direction
  • appellate jurisdiction

Judgment

                                                                                              7_WP16275_25.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.16275 OF 2025

                               IDBI Bank Limited                                     …      Petitioner
                               Vs.
                               Arunkumar Babu Tummala and another                    …      Respondents

                               Ms. Maneesha Patel for Petitioner.
                               Mr. Sanjay S. Anabhawane for Respondent No.1.

                                                            CORAM : MANISH PITALE &
                                                                    SHREERAM V. SHIRSAT, JJ.
                                                            DATE     : OCTOBER 09, 2026

                               P.C. :
                               .        This writ petition has been pending since last year without any
                               effective hearing and hence, it is taken up in the category of ‘fresh
                               matters’.

                               2.       Upon hearing the learned counsel for the parties, we find that the
                               petitioner bank is aggrieved by order dated 10.07.2025 passed by Debts
                               Recovery Appellate Tribunal (DRAT), whereby, while holding that since
                               respondent No.1 is a third party, he is not required to make any pre-
                               deposit, the DRT has proceeded to defer the exercise of taking physical
                               possession of the subject property till the next date of hearing. The said
                               interim direction has continued to operate and we are informed that the
                               said appeal filed by respondent No.1 before the DRAT along with
MINAL
SANDIP
         Digitally signed by
         MINAL SANDIP
         PARAB
         Date: 2026.10.09
                               pending application is now listed for consideration on 21.01.2027.
PARAB    15:49:48 +0530




                               3.       The learned counsel for the petitioner bank is making an endeavor
                               to demonstrate, on the basis of documents filed with this petition, that
                               the interim direction given in the impugned order is not justified and that
                               the DRAT erred in granting such a direction.


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                                                                  7_WP16275_25.doc



4.     We are of the opinion that the aforesaid issue can very well be
examined by the DRAT and the parties can place on record further
affidavits and documents. This is also indicated in the impugned order
passed by the DRAT and also in the light of an earlier order dated
07.07.2025 passed in the pending appeal.

5.     The learned counsel for respondent No.1 submits that the
petitioner bank has not filed its reply affidavit in the appeal. In that light,
a statement is made on behalf of the petitioner bank that the reply
affidavit can be filed at the earliest.

6.     We are of the opinion that the DRAT should undertake the
exercise of examining the rival submissions on the basis of documents
and material on record, and that the writ petition can be disposed of by
issuing appropriate directions.

7.     In view of the above, the writ petition is disposed of by directing
the petitioner bank to file its detailed affidavit and all necessary
documents in the pending appeal before the DRAT within three weeks
from today. Rejoinder affidavit, if any, shall be filed by respondent No.1
(appellant before the DRAT) within two weeks thereafter.

8.     The DRAT shall make an endeavor to dispose of the pending
appeal along with the applications on the next date of listing i.e. on
21.01.2027 and in any case, within two weeks of the said date.

9.     Pending applications, if any, in this petition also stand disposed
of.




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



Minal Parab
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