bipin prithiani 1 17-wp-11400.26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11400 OF 2026 Mahesh Tamnaya Kotiyan & Anr. … Petitioners Versus Union of India & Ors. … Respondents ****** Mr. Sidharth Samantaray a/w Mr. Mukesh Dongarge and Mr. Dipak V. Bhalerao for Petitioners. Ms. Savita Nangare a/w Ms. Disha Shah i/by Law Folus for Respondent No.2-PNB. Ms. Janvi Joshi a/w Ms. Komal Patil and Ms. Manjula Chigari i/by Monmohan Rao for Respondent No.3. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 3rd SEPTEMBER 2026 P.C. : . This petition is filed to challenge order dated 12th August 2026, whereby the application for interim reliefs was rejected. When the petition is called out for hearing, it is brought to our notice that physical possession of the subject property was taken by the respondent No.2-bank (secured creditor) and it has been already handed over to respondent No.3-auction purchaser. We are of the opinion that the petition is rendered infructuous and it can be disposed of. 2. The learned counsel for the petitioners submits that this Court may consider expediting the hearing of the appeal pending bipin prithiani 2 17-wp-11400.26.doc before the Debts Recovery Appellate Tribunal, Mumbai (DRAT). It would be appropriate that DRAT takes up the appeal for disposal at the earliest possible. 3. The respondent Nos.2 and 3 being the contesting respondents in the pending appeal, shall file their reply affidavits, within four weeks from today, before the DRAT in the pending appeal. Rejoinder, if any, shall be filed within two weeks thereafter by the petitioners. 4. Thereupon, the DRAT shall take up the appeal for hearing and disposal expeditiously. In any case, the appeal shall be disposed of on or before 31st December 2026. 5. The appeal shall be decided without being influenced by order dated 28th July 2026 passed in Writ Petition No. 8601 of 2026 (M/s. Jasraj Restaurants Pvt. Ltd. & Ors. vs. State of Maharashtra & Ors.) and the impugned order dated 12th August 2026 passed in Interim Application No.489 of 2026 in the pending appeal. 6. The writ petition is disposed of in the above terms. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.09.05 11:21:58 +0530