Debts Recovery Tribunals and Appellate Tribunals
MR YAR MOHAMMED SALIMULLA MOMIN vs UNION BANK OF INDIA on 2 November 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson
I.A. No. 656/2026 (Stay)
In
Regular Appeal No. 81/2026
Between
Yar Mohammed Salimulla Momin & Ors.
… Appellant/s
V/s.
Union Bank of India & Ors.
…Respondent/s
-: Order dated: 02/11/2026: -
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1. Present as under:
Mr. R.A. Shaikh, i/b Mr. Sohel Kazi, Counsel for Appellants. Mr. Nainesh Amin, Counsel for Respondent No.1/Bank. Mr. Vivek Phadke, Counsel for Respondent No.4. No representation for the other Respondents despite repeated calls.
2. The matter is taken up for hearing by way of praecipe filed by the appellants for seeking urgent relief.
3. Heard on the I.A. No. 656/2026.
4. The Regular Appeal No. 81/2026 has been filed challenging the order dated 30.09.2026 passed by the DRT-II, Mumbai in Appeal No. 15/2025. The said Appeal No. 15/2025 was preferred before the DRT-II, Mumbai challenging the order dated 20.05.2025 passed by the Learned Recovery Officer, DRT-II, Mumbai.
5. At this stage, the Learned Counsel for the Appellants would submit that the order dated 20.05.2025 passed by the Learned Recovery Officer, DRT-II, Mumbai which gave rise to the first appeal before the DRT-II, Mumbai and upon dismissal thereof, led to the filing of the present appeal has not been annexed to the memo of appeal. He, therefore, seeks time to place the said order on record. However, later he would submit that the same is on record.
6. Vide order dated 20.05.2025, the Learned Recovery Officer directed the DRT Receiver Advocate to comply with the directions contained in the order dated 04.04.2025 read with the order dated 02.05.2025 and to hand over physical possession of the auctioned property to the auction purchaser. The appeal preferred against the said order before the DRT-II, Mumbai was also dismissed.
7. The Learned Counsel for the Appellants would submit that the Appellants are neither borrowers nor guarantors and are third parties claiming rights in respect of the two Galas forming part of the secured assets; that, the Appellants claim to have come into possession of the said secured assets pursuant to a registered Sale Deed dated 20.11.2003.
8. At this stage, the Learned Counsel for the Appellants seeks an adjournment to inspect the Lower Court records to apprise himself
with the Sale Deed and other documents filed before the Recovery Officer, and DRT.
9. The Learned Counsel for Respondent No. 1/Bank seeks time to file its reply to the grounds of appeal as well as to the Interim Application.
10. The reply be filed with an advance copy to the Appellants.
11. List the case on 07.01.2027 for hearing. Sd/- Chairperson 02.11.2026 Psa-04