Debts Recovery Tribunals and Appellate Tribunals

MAHESH TANNAYA KOTIYAN AND Anr vs PUNJAB NATIONAL BANK on 4 November 2026

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BEFORE THE DEBTS RECOVERY

APPELLATE TRIBUNAL, AT: MUMBAI

Present: Justice Vivek Bharti Sharma, Chairperson

I.A. No. 662/2026 (Amendment)

In

Regular Appeal No. 55/2026

Between

Mahesh Tamnaya Kotiyan & Anr.

… Appellant/s

V/s.

Punjab National Bank & Anr.

…Respondent/s

-: Order dated: 04/11/2026: -

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1. Present as under:

Mr. Gaurang Kinkhabwala, Counsel for Appellants/Borrowers. Mr. Manmohan Rao along with Ms. Komal Pati, Counsel for Respondent No. 2/Auction Purchaser. No representation for another Respondent despite repeated calls.

2. The Learned Counsel for the Appellants/Borrowers would submit that I.A. No. 662/2026 has been filed seeking amendment in the Memo of Appeal.

3. The Learned Counsel for Respondent No. 2 would submit that the matter was earlier listed on 26.11.2026. However, on the basis of a praecipe filed by the Appellants/Borrowers, the matter was preponed to today, i.e., 04.11.2026, in view of the direction issued by the Hon’ble High Court to decide the Appeal on or before 31.12.2026. He would further submit that this Appellate Tribunal had also directed the Appellants/Borrowers to issue notices regarding preponement to the other Respondents. However, the Appellants/Borrowers have not filed any affidavit of service or compliance certificate evidencing service of such notices upon the other Respondents.

4. The Learned Counsel for the Appellants/Borrowers would submit that, due to inadvertence, notices regarding preponement could not be issued to the other Respondents.

5. It is pertinent to note that the Hon’ble High Court has directed this Appellate Tribunal to decide the Appeal in a time-bound manner. Despite the said direction, the Appellants/Borrowers have failed to take the necessary steps to ensure service of notices upon the other Respondents. It is particularly noteworthy that the direction for expeditious disposal of the Appeal was obtained at the instance of the Appellants/Borrowers themselves. In view of the aforesaid, the Appellants/Borrowers are given another opportunity to serve all the remaining Respondents by speed-post subject to deposit costs of Rs.30,000/- with the DRT Bar Association.

6. Notices may also be served upon the other Respondents through their respective Learned Counsel, if they have already entered appearance before this Appellate Tribunal by filing their respective Vakalatnamas.

7. The Learned Counsel for the Appellants/Borrowers would further submit that I.A. No. 662/2026 has been filed seeking amendment of the grounds of the Appeal.

8. A copy of the said Application has been supplied to the Learned Counsel for Respondent No. 2.

9. Reply, if any, to the said Application be filed before the next date of hearing, with an advance copy to the Appellants/Borrowers.

10. List the matter on 26.11.2026 for further proceedings.

Sd/- Chairperson 04.11.2026 VKC-02

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