Yar Mohammed Salimulla Momin And ORS v. Union Bank Of India And ORS

1 909-WP 10846-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10846 OF 2025 Yar Mohammed Salimulla Momin & Ors.

... Petitioners Vs.

Union Bank of India & Ors.

... Respondents ----- Mr. Amey Sawant h/f Pratik Sabrad for the Petitioners. Mr. Nainesh Amin a/w N. I. Bakali a/w Dimple Tejani for Respondent No.1.

Smt. R. S. Shinde, AGP for the Respondent-State. ----- CORAM :

M.S. KARNIK & N.R. BORKAR, JJ.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.08.07 10:30:01 +0530 MUGDHA MANOJ PARANJAPE DATE :

06TH AUGUST 2025 P.C. :

1.

Heard Learned Counsel for the parties.

2.

Learned Counsel for the Petitioners submits that the Appeal is pending before the DRAT and that the same is not being heard as the service on the Respondents is not complete.

3.

It is for the Petitioners to take appropriate steps to ensure that the service is complete in accordance with the prescribed procedure. In case the Petitioners seek interim relief, it is for the Petitioners to file appropriate application before the DRAT. Learned Counsel for the MMP

2 909-WP 10846-25.doc Petitioners submits that the application for stay has already been filed. The DRAT shall consider the application for stay on its own merits. 4.

In case further steps are to be taken in respect of the secured assets, the Receiver of the DRAT shall give two weeks advance notice to the Petitioners to enable them to take appropriate steps. 5.

The Writ Petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) MMP