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2026 Supreme(Online)(Bom) 3924

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MANISH PITALE HON'BLE SHRI JUSTICE SHREERAM VINAYAK SHIRSAT
ALOUKIK CONSTRUWELL LLP THR ITS AUTHORIZED REPRESENTATIVE – Appellant
Versus
PRADEEP GORDHANDAS VORA AND ANR – Respondent


Judgment (Per Manish Pitale, J.) :

. An auction purchaser and a bank (secured creditor) have filed these two writ petitions, challenging orders dated 18.11.2025 and 08.12.2025 passed by the Debts Recovery Appellate Tribunal, Mumbai (DRAT). By order dated 18.11.2025, the DRAT, while adjourning hearing on an application for waiver of pre-deposit filed by respondent-borrower, directed the parties to maintain status quo. By order dated 08.12.2025, the DRAT allowed the application for waiver of pre-deposit and directed the appeal filed by the respondent borrower and the application for stay, to be registered, for further consideration. According to the petitioners, both the impugned orders are not sustainable.

2. The respondent - borrower i.e. proprietor of M/s. Vora Enterprises availed credit facilities from the petitioner-bank. These facilities were secured by mortgaging a flat and a piece of land, forming the secured assets. On 01.05.2020, the account of the respondent - borrower was classified as Non-Performing Asset (NPA). In this backdrop, on 04.09.2020, the petitioner - bank issued notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforce

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