Renu Dogra v. Union Of India And ORS

909 IA-738-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 738 OF 2025 by HUSENBASHA RAHAMAN NADAF Date: 2025.01.21 14:14:07 +0530 IN WRIT PETITION NO. 385 OF 2025 HUSENBASHA RAHAMAN NADAF Renu Dogra ...Applicant/Petitioner

Versus

Union Of India (through the Ministry of Finance - Department of Financial Services, New Delhi & Ors ...Respondents Mr. Shubhash Jha (through V.C) a/w. Mr. Siddharth Jha, Mr. Ashish Saxena, Mr. Sumeet Upadhaya, Ms. Apeksha Sharma i/b. Law Global, for Applicant/Petitioner.

Mr. Aayush Kothari a/w. Mr. Nikhil Rajani i/b. M/s. V. Deshpande & Co., for Respondent No.3.

CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ.

DATE : 17TH JANUARY 2025 P.C. :

1.

This Interim Application has been filed in Writ Petition No. 385 of 2025. The aforesaid writ petition came to be disposed of on 09.01.2025 by issuing a direction to the Debts Recovery Tribunal to consider the prayer for interim relief made by the Petitioner in the pending proceedings. After the writ petition was disposed of, the Tribunal considered the prayer for interim relief and decided the same on 15.01.2025.

2.

In the Interim Application, a challenge has been raised to the order dated 15.01.2015 passed by the Debts Recovery Tribunal by which interim relief has been refused to the applicant. Husen 1/2

909 IA-738-2025.doc 3.

We are not inclined to entertain the interim application on two counts. Firstly, in disposed of writ petition, an interim application seeking distinct prayer cannot be entertained. This legal position is well settled in view of the decision of the Supreme Court in K. A. Ansari and Anr. Vs. Indian Airlines Limited1. Secondly, an alternate remedy of approaching Debts Recovery Appellate Tribunal (for short ("DRAT") being available. The prayers made in the interim application on merits are thus not considered. The Interim Application is accordingly disposed of. It is open for the Applicant to approach the DRAT in the matter. (M.M. SATHAYE, J.) (A.S. CHANDURKAR, J.) (2009) 2 SCC 164.

Husen 2/2