16_WP_11539_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11539 OF 2026 M/s. Babar Agro Products … Petitioner vs. Union Bank of India and others … Respondents Mr. Aayush Kothari a/w. Mr. Darshan J. Solanki for petitioner. Mr. Anup Khaitan a/w. Mr. Harsh Gutka, Mr. Aayush Khanwilkar and Ms.Akshita Rathudi for respondent No.1 – bank. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE : 10th SEPTEMBER, 2026 P.C. : . The petitioner (borrower) has filed the present writ petition, raising a grievance that its application for waiver of pre-deposit is pending consideration before the Debts Recovery Appellate Tribunal (DRAT) in an appeal filed by the petitioner. Notice was issued in the said application on 24.08.2026 and the next date of listing is 30.09.2026. 2. It is submitted that the petitioner desires to press for urgent interim reliefs before the DRAT. But, unless the application for waiver of pre-deposit is ordered, the petitioner will not be able to press for urgent interim reliefs. 3. Respondent No.1 – bank (secured creditor) is represented by counsel as advance notice was given. Respondent Nos.2 and 3, being co-borrowers, are proforma respondents. Issuance of notice to the said respondents is dispensed with. 1/3 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2026.09.11 10:35:32 +0530 16_WP_11539_26.doc 4. It is brought to our notice that in an earlier round, when the petitioner had filed an appeal before the DRAT, an amount of ₹ 37,50,000 was deposited with the DRAT towards 25% of amount due as pre-deposit. The appeal was partly allowed and the matter was remanded to the DRT. It is brought to our notice that the said amount is lying in deposit with the DRAT. 5. It is submitted that with passage of time, respondent No.1 – bank would claim that 25% of the amount as on today, has increased and in that context, the petitioner is ready to deposit further amount before the DRAT, so that the aspect of pre-deposit is taken care of and the petitioner can pursue the prayer for urgent interim reliefs. 6. On instructions, the learned counsel for the petitioner is ready to deposit a further amount of 40 lakhs before the DRAT within ₹ two weeks from today. 7. We are of the opinion that adding the said amount of ₹ 40 lakhs to the already deposited amount of 37,50,000, it can be said ₹ that substantial pre-deposit is being ensured by the petitioner. 8. Although the learned counsel appearing for respondent No.1 may not have instructions to concede to the aforesaid position, we are of the opinion that depositing further amount of 40 lakhs by ₹ the petitioner before the DRAT, should suffice towards pre-deposit, under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act). 2/3 16_WP_11539_26.doc 9. Accordingly, the writ petition is disposed of in following terms: (a) The petitioner shall deposit further amount of 40 lakhs with ₹ the DRAT within one week from today; (b) Upon the petitioner depositing the aforesaid amount and taking it together with the amount of 37,50,000 lying in deposit with ₹ the DRAT, the same shall be treated as sufficient amount towards pre-deposit, in terms of proviso to Section 18(1) of the Securitisation Act; (c) Thereupon, the DRAT shall take Interim Application (Diary) No.1461 of 2026 in Miscellaneous Appeal (Diary) No.1460 of 2026, for consideration and orders urgently. 10. In view of the above, Interim Application No.520 of 2026 (for waiver of pre-deposit) filed by the petitioner in the pending appeal, stands disposed of. 11. Although the next date before the DRAT is 30.09.2026, upon the deposit of the aforesaid amount by the petitioner, liberty is reserved to the DRAT for advancing the date for consideration of the application for interim reliefs, which shall be considered on its own merits. This Court is not expressing any opinion on the merits of the matter. All rights and contentions of the parties are kept open. 12. Writ petition is disposed of. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 3/3 Priya Kambli