Atharva Landmark Chsl Thr. Its Secretary Kailashnath D. Yadav v. Khush Housing Finance Ltd. And ANR

5_WP2828_26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2828 OF 2026 Atharva Landmark CHSL through its Secretary Kailashnath Dhaniram Yadav ...

Petitioner Vs.

Khush Housing Finance Limited and another ...

Respondents Mr. Vishal Kanade a/w. Mr. Akshit Kothari i/b. Mr. Jay Rajpopat for Petitioner. Mr. Rishabh Shah a/w. Mr. B. K. Barve and Mr. Sandeep Barve i/b. B. K. Barve & Co. for Respondent No.1.

Mr. Kalpesh Dedhia, CFO of Respondent No.1.

CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE : MARCH 07, 2026 P.C. :

.

Mr. Kanade, learned counsel for the petitioner, on instructions, seeks permission to withdraw this petition in order to avail of the alternative remedy of filing an appeal before the Debts Recovery Appellate Tribunal, Mumbai (DRAT). It is submitted that since the date for taking possession is 21.03.2026, this Court may consider issuing an appropriate direction.

2.

The petition is disposed of as withdrawn with liberty to the petitioner to avail of the alternative remedy of approaching the DRAT. MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2026.03.07 16:56:39 +0530 3.

If the petitioner approaches the DRAT immediately, it is expected that the DRAT would consider the prayer for interim relief expeditiously. 4.

We have not expressed any opinion on the merits of the matter. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 1/1 Minal Parab