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2026 DAILYLAW 5661 (BOM)

ASHOK KUMAR MEHTA S/O NAGRAJ JI MEHTA v. BANK OF BARODA AND ANR

WP/11231/2026 · 2026-09-01

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

9_WP11231_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11231 OF 2026 Ashok Kumar Mehta s/o. Nagraj Ji Mehta … Petitioner Vs. Bank of Baroda and another … Respondents Ms. Vaishali Bhilare a/w. Mr. Somesh Talla for Petitioner. Mr. Anant R. Bamne i/b. M/s. A. R. Bamne & Co. for Respondent No.1. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : SEPTEMBER 01, 2026 P.C. : . By this petition, the petitioner (mortgagor / guarantor) is seeking limited relief or direction to the Debts Recovery Appellate Tribunal, Mumbai (DRAT) to expeditiously dispose of pending Appeal No.130 of 2023. 2. Respondent No.1 Bank is represented by a counsel while respondent No.2 is the auction purchaser. The proceedings pertain to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. The documents filed with the petition show that the aforesaid appeal was listed on 03.08.2026 before the DRAT when an order was passed for listing the appeal on 30.10.2026. 4. We are of the opinion that although respondent No.2 (auction purchaser) is not before this Court, a direction for expeditious disposal of the pending appeal would be in the interest of all concerned parties, including respondent No.2. 1/2 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.09.02 10:44:56 +0530 9_WP11231_26.doc 5. Mr. Bamne, learned counsel for respondent No.1-Bank submits that this Court may consider permitting the respondents to file their reply affidavits, if not already filed in the pending appeal, so that the pleadings can be completed and the appeal can be taken into consideration as expeditiously as possible. 6. In view of the above, the writ petition is disposed of in the following manner:- A. The respondents are permitted to file their reply affidavits in pending Regular Appeal No.130 of 2023 before the DRAT, Mumbai within a period of six weeks from today; B. Rejoinder affidavit, if any, on behalf of the petitioner shall be filed within two weeks thereafter; C. The DRAT, Mumbai shall dispose of the pending Regular Appeal No.130 of 2023 as expeditiously as possible and in any case, on or before 15.12.2026. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Minal Parab