Atharva Landmark Chsl Thr. Its Secretary Kailashnath D. Yadav v. Khush Housing Finance Ltd. and Anr.

Bombay HC7 Mar 2026WP/2828/2026

Case brief

AI extract

What is this about?

Writ Petition 2828 of 2026, Bombay High Court, disposed as withdrawn with liberty to file appeal before Debts Recovery Appellate Tribunal (DRAT), Mumbai; petitioner Atharva Landmark CHSL vs respondents Khush Housing Finance Limited and another; date for taking possession stated as 21.03.2026; DRAT urged to consider interim relief expeditiously if approached immediately; no opinion expressed on merits; no statutes or cases cited.

What did the court decide?

Liberty to the petitioner to withdraw the petition and avail of the alternative remedy of approaching the DRAT; the Court expected that, if approached immediately, the DRAT would consider the prayer for interim relief expeditiously. ¶¶13

Atharva Landmark Chsl Thr. Its Secretary Kailashnath D. Yadav vs Khush Housing Finance Ltd. and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶13

Issue for consideration

Whether the writ petition could be permitted to be withdrawn so that the petitioner may pursue the alternative remedy of an appeal before the Debts Recovery Appellate Tribunal, Mumbai (DRAT), and whether the Court should issue any protective direction given that the date for taking possession was stated to be 21.03.2026.

¶¶12

Ratio / Principle

The petition was disposed of as withdrawn, with liberty to the petitioner to avail of the alternative remedy of approaching the DRAT.

¶¶13

Key takeaways

As part of the operative order, the Court expressed the expectation that if the petitioner approached the DRAT immediately, the DRAT would consider the prayer for interim relief expeditiously.ratio¶¶15
The Court expressly reserved its position by recording that it had not expressed any opinion on the merits of the matter.ratio¶¶16

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 2828 of 2026 — Atharva Landmark CHSL (through its Secretary Kailashnath Dhaniram Yadav) v. Khush Housing Finance Limited and another (Bench: Manish Pitale & Shreeram V. Shirsat, JJ., decision dated March 07, 2026). Learned counsel for the petitioner, on instructions, sought permission to withdraw the petition to pursue the alternative remedy of an appeal before the Debts Recovery Appellate Tribunal, Mumbai (DRAT), pointing out that the date for taking possession was 21.03.2026. The Court disposed of the petition as withdrawn with liberty to approach the DRAT, and expected that if approached immediately the DRAT would consider the prayer for interim relief expeditiously. The Court expressly stated that it had not expressed any opinion on the merits of the matter. No statute or precedent was cited in the order.

Atharva Landmark Chsl Thr. Its Secretary Kailashnath D. Yadav v. Khush Housing Finance Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Atharva Landmark Chsl Thr. Its Secretary Kailashnath D. Yadav v. Khush Housing Finance Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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