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Bombay High CourtWP/135/2026disposed off

Sandip Laxman Chavhan And ORS. v. Hdfc Bank Ltd., Thr. Auth. Officer, Amravati

2026-01-07Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

113-WP-135-2026.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 135 OF 2026 Sandip Laxman Chavhan and Ors.

Vs.

HDFC Bank Ltd., Thr. Auth. Officer. Amravati __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Shamish Agrawal, Advocate for the Petitioners. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 7 th JANUARY, 2026.

1.

Heard learned counsel for the petitioners.

2.

The contention is that the Debt Recovery Tirbunal (DRT) has rejected the Interim Application No.1889 of 2025 filed by the petitioners in S.A. No.65 of 2024 praying for stay yesterday i.e., on 6th January 2026 and now put up the matter on 5th February 2026 for further consideration.

3.

Learned counsel for the petitioners submits that since his interim application is rejected yesterday i.e., on 6th January 2026 only and now he wants to challenge the aforesaid order in appeal before DRAT Mumbai for seeking protection. There is no Presiding Officer at preset at DRAT Mumbai and the charge of DRAT Mumbai is with DRAT Chennai. However, he has no time to rush to DRAT Chennai for seeking interim relief as the letter

113-WP-135-2026.odt 2/2 dated 15th December 2025 at Annexure-C issued by the authorized Officer, HDFC Bank stating that there will be taking possession today at 12.00 noon.

4.

In view of the above, issue notice to the respondents, reutnrbale on 21st January 2026.

5.

In the meantime, the respondent- Bank is directed not to take physical possession of the property as mentioned in the letter dated 15th December 2025 at Annexure-C for a period of two weeks.

6.

In the meantime, the petitioners are permitted to avail the remedy by following appeal beofre the learned DRAT Chennai.

7.

The observations made by this Court in the present interim order are considering the present situation and hence, DRAT Chennai is requested not to get influenced by the present observations while deciding the stay application. (RAJ. D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav