Sachin Jamsingh Rajput And ANR v. Union Bank Of India

915-wp 584-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 584 OF 2025 Sachin Jamsingh Rajput & Anr.

... Petitioners

Versus

Union Bank of India ... Respondent .............

Mr. Vaibhav Kulkarni a/w. Ms. Disha Rathod, Mr. Yash Agarwal for the Petitioners.

Ms. Anuja Divadkar a/w. Mr. Yashwant Singh i/b NDB Law for the Respondent-Bank.

CORAM

: M. S. KARNIK AND N. R. BORKAR, JJ.

DATED : 20 th JUNE, 2025.

P.C. :

1.

The challenge in this petition is to an order dated 17.12.2024 by which the Debt Recovery Appellate Tribunal (DRAT) dismissed the appeal on account of failure of the petitioners to pay the balance amount of Rs.3,52,658/- as directed by the DRAT pursuant to order dated 05.11.2024. Learned counsel for the respondent-bank states that the bank had obtained symbolic possession of the secured asset under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002. 2.

Learned counsel for the petitioners submits that the balance amount of Rs.3,52,658/- has been deposited with the DRAT consequent to the order dated 14.01.2025 passed by this Court.

3.

In this view of the matter as the amount now has been deposited, Amk 1/2

915-wp 584-25.doc the order impugned is set aside. The DRAT is requested to hear and decide the appeal itself within a period of eight weeks from today. The physical possession of the subject property not to be taken from the petitioners till the DRAT decides the appeal. In case of difficulty, liberty to the parties to approach this Court.

4.

The petition is disposed of.

(N. R. BORKAR, J.) ( M. S. KARNIK, J.) Amk 2/2