Judgment · High Court
Judgment
2 / 3 122.WP-261.26petitioners have also filed interim application for grant ofstay bearing No.1946/2025. 4. The contention is that the aforesaidapplication though filed on 26.12.2025, it has not beendecided till today. 5. Shri Fuladi, learned counsel for the petitionerssubmits that the matter is kept on 19/01/2026 and hence, even if the aforesaid application is decided and is rejectedthen, a severe prejudice will be caused to the petitioners inview of the fact that auction sale is fixed on 21/01/2026. Ifthe interim application of the petitioners is rejected on19/01/2026, they will not even get time to challenge thesame and seek further interim protection from learnedDebt Recovery Appellate Tribunal, Mumbai as the Presiding Officer at Debt Recovery Appellate Tribunal, Mumbai, is not available and the charge of Debt RecoveryAppellate Tribunal, Mumbai is kept with Debt RecoveryAppellate Tribunal, Chennai. Thus, by the time thepetitioners move DRAT, Chennai, auction sale will beconducted on 21/01/2026. 6. In view of above, issue notice to therespondents, returnable on 27.01.2026.7.The learned DRT, Nagpur is directed todecide the aforesaid interim application No.1946/2025within a period of two weeks. If the aforesaid application 3 / 3 122.WP-261.26is rejected, such order be kept in abeyance for the period oftwo weeks thereafter to enable the petitioners to approachthe learned Debt Recovery Appellate Tribunal, Mumbai/Chennai to seek appropriate reliefs. 8. Hamdast granted. (Raj D. Wakode, J.) (Anil S. Kilor, J.)Asmita
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