Usha Lal Gulabani v. Niraj Kakad Developers Llp And ORS

25-26-WP-17863-2025-MODIFIED.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17863 OF 2025 Usha Lal Gulabani ..Petitioner

Versus

Niraj Kakad Developers LLP & Ors

...Respondents

WRIT PETITION NO. 17864 OF 2025 Ashwin D Ganatra ..Petitioner

Versus

Niraj Kakad Developers LLP & Ors

...Respondents

Mr. Ajit Kenjale, i/b Azharuddin Khan, for the Petitioner in both Petitions.

Mr. S.S. Jadhav, AGP, for the Respondent-State in WP/17863/2025. Mr. Y.D. Patil, AGP, for the Respondent-State in WP/17864/2025.

CORAM:

N. J. JAMADAR, J.

DATE :

12th JANUARY 2026 ORAL ORDER:

1.

Heard the learned Counsel for the parties.

ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL Date: 2026.01.16 19:57:01 +0530 2.

The challenge in these Petitions is to the orders dated 11th July 2025 passed by the Debts Recovery Tribunal -1, Mumbai. 3.

The Court finds that the Tribunal has not passed any final order on the Applications preferred by the Petitioner, purportedly on the ground that the Moratorium is still underway. The Tribunal has directed ARS (Corrected order as per speaking to the minutes of order dated 16th January 2026) 1/2

25-26-WP-17863-2025-MODIFIED.DOC the Defendants to file statement of accounts maintained with HDFC Bank and Axis Bank.

4.

In the aforesaid view of the matter, there is no propriety in entertaining the Petitions, at this stage.

5.

The Petitions thus stand disposed with a request to the DRT-I to pass appropriate order on the IA No. 715 of 2025 in OA No. 27 of 2019 (in Writ Petition No. 17863 of 2025) and IA No. 2118 of 2024 in OA No. 27 of 2019 (in Writ Petition No. 17864 of 2025) preferred by the Petitioners, as expeditiously as possible.

6.

Petitions disposed.

[N. J. JAMADAR, J.] ARS (Corrected order as per speaking to the minutes of order dated 16th January 2026) 2/2