Yar Mohammed Salimulla Momin vs Union Bank of Inida and Ors. — Bombay HC (2025) — LawSathi Research

Yar Mohammed Salimulla Momin vs Union Bank of Inida and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to DRAT, Mumbai to hear and decide the Petitioners' Miscellaneous Application for urgent interim relief in I.A. No. 57 of 2025 on merits on 22nd September 2025 and dispose of it on that date; permission to serve Respondent Nos. 5 to 9 by substitute service (paper publication) prior to 22nd September 2025 in conformity with the Tribunal's prescribed rules; no order as to costs.

Issue for consideration

Whether the DRAT, Mumbai should be directed to hear and decide the Petitioners' Miscellaneous Application for urgent interim relief (referred to as Appeal No. 57 of 2025 and as I.A. No. 57 of 2025) on merits without insisting on service upon Respondent Nos. 5 to 9, and whether the Petitioners may effect service on those respondents by substitute service (paper publication).

Court's answer

The DRAT, Mumbai was directed to hear and decide the Miscellaneous Application filed by the Petitioners for urgent interim relief in I.A. No. 57 of 2025 on merits on 22nd September 2025, when the matter had been placed, and to dispose of it on that date.

Ratio / Principle

The Petitioner was permitted to serve Respondent Nos. 5 to 9 by way of substitute service, i.e., paper publication, to be effected prior to 22nd September 2025 and in conformity with the rules prescribed by the Tribunal.

Key takeaways

The order was passed in the peculiar circumstances of the case, i.e., in view of the possession notice dated 06th September 2025, annexed as Exhibit-N to the Petition, which fixed taking of possession for 23rd September 2025.obiter¶22

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Farhan Parvez Dubash, JJ.) disposed of Writ Petition No. 12164 of 2025 filed by Mr. Yar Mohammed Salimulla Momin and others against Union Bank of India and others. With a possession notice dated 06th September 2025 (annexed as Exhibit-N) fixing taking of possession by the Receiver of Debt Recovery Tribunal-II, Mumbai on 23rd September 2025, and the Petitioners' Miscellaneous Application for urgent interim relief in Appeal/I.A. No. 57 of 2025 before DRAT, Mumbai unserved on the formal parties (Respondent Nos. 5 to 9), the Court directed DRAT, Mumbai to hear and decide the Miscellaneous Application on merits on 22nd September 2025 and dispose of it the same day, and permitted substitute service by paper publication on Respondent Nos. 5 to 9 prior to that date in conformity with the rules prescribed by the Tribunal. Parties to act on an authenticated copy; no order as to costs.

Jayashri Lande

Digitally signed by JYOTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY JYOTI PRAKASH PRAKASH PAWAR PAWAR Date:2025.09.20 CIVIL APPELLATE JURISDICTION 17:27:50 +0530

WRIT PETITION NO. 12164 OF 2025

Mr. Yar Mohammed Salimulla Momin and Ors. V/s.

… Petitioners

Union Bank of India and Ors. … Respondents

Mr. Suresh Sabrad a/w Mr. Amey Sawant a/w Mr. Yuvraj Patil a/w Mr. Pratik Sabrad a/w Ms. Eshwaree Kudalkar for Petitioners

None for the Respondents.

CORAM : R.I. CHAGLA AND FARHAN PARVEZ DUBASH, JJ.

DATE : 19th SEPTEMBER 2025

ORDER :

The Learned Counsel appearing for the Petitioners has submitted

that the urgency for moving the present Writ Petition is on the ground of the possession notice having been issued on 06th September, 2025 wherein it is stated that the Receiver of the Debt Recovery Tribunal-II, Mumbai will visit

the subject property on 23rd September 2025 at about 10.00 a.m. for taking possession.

Mr. Sabrad, the Learned Counsel for the Petitioners submits that the present Petitioners had circulated the Miscellaneous Application seeking

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urgent relief in Appeal No. 57 of 2025 before the Debt Recovery Appellate Tribunal (DRAT), Mumbai. He has submitted that the Miscellaneous Application could not be served on the Respondent Nos. 5 to 9 who are formal parties and accordingly a prayer is sought in the present Petition for a direction to the DRAT, Mumbai to hear and decide the Miscellaneous Application on merits, without insisting on service of proceeding upon Respondent Nos. 5 to 9. He submitted that the present Petitioner will issue

public Notice as and by way of substitute service to effect service on Respondent Nos. 5 to 9.

Accordingly, the DRAT, Mumbai is directed to hear and decide the Miscellaneous Application filed by the present Petitioners for urgent interim relief in I. A No.57 of 2025 on merits on 22nd September, 2025 when the matter has been placed and dispose of the same on that date.

The Petitioner is permitted to serve Respondent Nos. 5 to 9 by way of substitute service i.e. paper publication. It shall be effected prior to 22nd September, 2025. The paper publication by the Petitioner shall be in conformity with the rules as prescribed by the Tribunal.

This Order is passed in the peculiar circumstances of the case i.e. in view of the possession Notice dated 06th September, 2025 (annexed to Exhibit-N to the Petition), stating that possession will taken on 23^rd September, 2025.

The Writ Petition is accordingly disposed of.

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There shall be no order as to costs.

The parties to act upon the authenticated copy of this order.

( FARHAN PARVEZ DUBASH, J. ) ( R.I. CHAGLA J. )

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