The Greater Bombay Co Op. Bank Ltd Thrui. Officer v. Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15085 OF 2025 The Greater Bombay Co Op. Bank Ltd Thru. Officer ..

Petitioner V/s.

Union of India and Anr ..

Respondents ------------------- Mr. Mandar Soman, a/w Ms. Medha Rane and Mr. Prafull Chipte, for the Petitioner.

Mr. Mohamedali M. Chunawala, for Respondent No. 1. Mr. Tushad Kakalia, a/w Mr. Aviral Jain, i/b Vesta Legal, for Respondent No. 2.

-------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2026.04.02 13:01:01 +0530 VARSHA DEEPAK GAIKWAD

CORAM

:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE :

1ST APRIL 2026.

PC:

1.

The petitioner bank (secured creditor) is before this Court seeking limited direction in the present writ petition. 2.

Respondent No. 1 is a formal party and hence, service of notice upon Respondent No. 1 is dispensed with. Respondent No. 2 (borrower) is represented by learned counsel.

3.

It is brought to our notice that, as far back as on 23/09/2024, a Division Bench of this Court had directed that Interim Application No. 1493 of 2024 in TSA No. 28 of 2023 pending before the Debt Recovery Tribunal-

I, Mumbai (DRT) should preferably be considered and decided before the next date of listing before the DRT. It is an admitted position that the said application has not been decided till date. In the meanwhile, further applications have been filed on behalf of Respondent No. 2 (borrower and the auction purchaser) in TSA No. 28 of 2023. 4.

The learned counsel for the petitioner submits that this Court may consider issuing direction for disposal of Interim Application No. 1493 of 2024 at the earliest. At this stage, learned counsel appearing for Respondent No. 2 submits that this Court may consider directing the DRT to consider and dispose of the subsequent interim applications filed in the pending TSA No. 28 of 2023.

5.

We are informed that Interim Application No. 915 of 2025 is filed by Respondent No. 2 for challenging the Sale Certificate issued in favour of the auction purchaser and Interim Application No. 916 of 2025 is filed by the Respondent No. 2 for amendment of TSA No. 28 of 2023. We are also informed that Interim Application No. 1257 of 2025 is filed by the auction purchaser for appropriate reliefs.

6.

We are of the opinion that the said pending interim applications need to be disposed of at the earliest and that this would be in the interest of all the concerned parties.

7.

We are of the opinion that it would be in the interest of justice that that Interim Application No. 1493 of 2024 is decided along with Interim Application Nos. 915 of 2025 and 1257 of 2025 at the earliest. 8.

We are further informed that the proceedings are now listed before DRT on 07/04/2026. In that light, the writ petition is disposed of by directing DRT- I, Mumbai, to hear the parties on Interim Application No. 1493 of 2024, Interim Application No. 915 of 2025 and Interim Application No. 1257 of 2025 and to dispose of the said applications at the earliest and in any case on or before 30th April 2026.

9.

Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)