Capitol Fibers Pvt Ltd And ANR v. Tjsb Sahakari Bank Ltd And ORS

28-wp-6052-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6052 OF 2026 Capitol Fibers Pvt Ltd And Anr ..

Petitioners V/S.

TJSB Sahakari Bank Ltd And Ors ..

Respondents ------------------- Mr. Siddharth Samantaray with Niket Harit and Anjali B. i/by Manoj Harit and Co., for petitioner.

Mr. Charles Desouza with Pragati Gothi, Nikhil Rajani i/by V. Deshpande and Co. for respondent Nos. 1 and. 2. --------------------

CORAM

:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE :

5TH MAY 2026.

PC:

1.

Having heard the learned counsel for the petitioners and respondent No.1-Bank (secured creditor), we find that the order impugned in this petition passed by the Debt Recovery Appellate Tribunal, Mumbai (DRAT) is an interim order, and the interim application for stay along with the appeal is pending further consideration.

2.

We are of the opinion that it would be in the interest of justice that the DRAT considers the pending appeal along with the interim application at the earliest possible, particularly because the appeal arises out of an order passed by the Debt Recovery Tribunal, disposing of an interim application in the pending Securitisation Application. varsha

28-wp-6052-2026.doc 3.

The Securitisation Application is pending since the year 2023. In that light, we dispose of the Writ Petition by directing the DRAT to dispose of the pending appeal as expeditiously as possible and preferably on or before 31st August 2026. For the said purpose, if necessary, the DRAT may advance the next date of listing. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) varsha