Primary Agricultural Credit Coop Society Ltd Pathari And Another v. State Cooperative Election Authority Pune Through Its Commissioner And Others

902-wp-5488-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5488 OF 2026 Suresh Nathalal Dodia and Another ...

Petitioners

Versus

Punjab National Bank and Others ...

Respondents ****** Mr. C.K. Pendse a/w. Mr. Prashant Jadhav, for the Petitioners Ms. Savita Nangare a/w. Mr. Vinod Nagula i/b. Law Fows, for Respondent Nos. 1 and 2.

******

CORAM

: MANISH PITALE AND VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2026.04.23 12:22:14 +0530 SHREERAM V. SHIRSAT, JJ.

DATE : 22nd APRIL, 2026 P.C. :

1.

Heard the learned counsel for the petitioners. 2.

By this petition, the petitioners have challenged the order dated 10th April, 2026 passed by the Debt Recovery Appellate Tribunal, Mumbai (DRAT) whereby the ad-interim relief has been refused in an Interim Application filed by the petitioners in their pending Miscellaneous Appeal, in turn challenging an order refusing interim relief passed by the Debt Recovery Tribunal (DRT). The application seeking waiver of pre-deposit is also pending before DRAT.

3.

The impugned order shows that the said waiver application is now listed on 14th July, 2026.

4.

The petitioners have rushed to this Court claiming urgency in the Vishal Parekar ....1

902-wp-5488-2026.doc matter as the date for taking physical possession of the secured assets is fixed for tomorrow. Learned counsel for respondent No. 1 Bank (secured creditors) informs this Court that this is the third attempt on the part of the said respondent to take physical possession of the secured assets and on every occasion, the petitioners approached the concerned Tribunal at the eleventh hour to somehow interdict the process sought to be undertaken by the said respondents in accordance with law.

5.

We find that the DRAT has considered the rival submissions and thereupon refused ad-interim relief. The interim application is still pending before the DRAT. No ground is made out for exercising the writ jurisdiction in the facts and circumstances of the present case. Hence, Writ Petition is dismissed.

6.

However, we find that the DRAT has adjourned further hearing to 14th July, 2026. In the light of the plea made on behalf of the petitioners for early hearing and disposal of the pending application before DRAT, we direct that the DRAT shall take up the pending Interim Applications in the Miscellaneous Appeal for consideration and disposal as expeditiously as possible and preferably within four weeks from today. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Vishal Parekar ....2