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2026 DAILYLAW 565 (BOM)

M/S. J. S. TRANSPORT CORPORATION AND ORS. THR. PARTNER HARI SINGH SIDDU AND ORS. v. THE SOUTH INDIAN BANK LIMITED, THR. AUTHORIZED OFFICER, NAGPUR

WP/4815/2026 · 2026-06-22

Shri Anil S Kilor, Shri Raj D Wakode

body2026

Judgment text

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1 1.wp.4815.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4815 OF 2026 M/s. J. S. Transport Corporation and others .Vs. The South Indian Bank Limited _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Shamish Agrawal, Advocate for the petitioner/s Mr S. N. Kumar, Advocate for respondent/caveator CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATED : 22 nd JUNE , 2026 . Heard Mr Shamish Agrawal, the learned counsel for the petitioners and Mr S. N. Kumar, the learned counsel for the respondent-Bank, who appears on caveat. 2. The contention is that, being aggrieved by the securitization proceedings initiated by the respondent-Bank, the petitioners have already approached the learned Debt Recovery Tribunal, Nagpur (for short ‘the DRT, Nagpur’). During the pendency of the aforesaid proceedings the respondent-Bank issued notice dated 03/06/2026 thereby intimating to the petitioners that they will be taking physical possession of the secured assets on 22/06/2026 and 23/06/2026. After receipt of such notice, the petitioners immediately approached the learned DRT, Nagpur by filing IA No. 1398 of 2026. 2026:BHC-NAG:7909-DB 2 1.wp.4815.2026.odt 3. Mr Shamish Agrawal, the learned counsel for the petitioners submits that the aforesaid IA was rejected by the learned DRT, Nagpur on 19/06/2026. 4. Since, the IA was rejected on 19/06/2026 and in the intervening period i.e. on 20/06/2026 and 21/06/2026 there was Saturday and Sunday, the petitioners could not approach the learned Debt Recovery Appellate Tribunal, Mumbai for seeking challenge to the aforesaid rejection of stay and accordingly, have filed the present writ petition praying for grant of some breathing time to approach the learned DRAT, Mumbai. 5. Mr S. N. Kumar, learned counsel who appears on caveat for respondent-Bank, fairly makes a statement that the aforesaid prayer for grant of some breathing time to approach the learned DRAT, Mumbai for seeking challenge to the rejection of stay vide order dated 19/06/2026 can be granted however, for the limited period of two weeks from today. 6. In view of the above, we dispose of the present writ petition with following order- i. The petitioners shall file the statutory appeal before the learned DRAT, Mumbai within a stipulated period of one week from today. ii. The learned DRAT, Mumbai is directed to decide the aforesaid appeal or atleast the application for grant of interim relief, if filed 3 1.wp.4815.2026.odt within a period of one week from today, within a further period of one week thereafter. iii. Till the aforesaid decision of the learned DRAT, Mumbai, the respondent-Bank is directed not to act upon the notice dated 03/06/2026 (page 62 Annexure F ) for a period of 15 days from today i.e. 22/06/2026. The writ petition is accordingly stands disposed of. Authenticated copy of this order be supplied to the learned counsel for the parties to act upon. [RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata