Central Bank Of India v. State Of Maharashtra And ORS

(17) WPST 26516-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION (STAMP) NO. 26516 OF 2019 Central Bank of India .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Meghnath Navlani for the Petitioner.

Mr. Mayank Bagla a/w. Mr. Jayesh Rathod i/b Mr. Jayesh Rathod for Respondent Nos.5 & 6.

Mr. P. P. Kakade, Govt. Pleader a/w. Ms. Nisha Mehra, AGP for Respondent Nos.1 to 4-State.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 6 th NOVEMBER, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

The 5th and 6th Respondents obtained a credit facility from the Central Bank of India and created equitable mortgage of a residential bungalow on Survey No. 954, Plot No. ME38, Magh Sector, Sunderban Colony, near Bhujbal Farm, CIDCO, Nashik. There being a default, the Bank took recourse to SARFAESI Act, 2002 and obtained an order under Section 14 from the District Magistrate on 26.11.2018. The Tahasildar was appointed as the authorized officer to take possession of the flat who informed the Bank that in view of an order dated 31.12.2018 in R.C.S.No.592/18 he was unable to do so. The said order has been passed in a suit filed by one Sarvin Printers Pvt. Ltd. against Respondent No.5 on the plea that the suit property, which is a secured 1/2

(17) WPST 26516-19 property to the bank, had been let out to them by Respondent No.5 who was threatening to dispossess the Plaintiff. The injunction order restrained the Respondent No.5 (the Defendant of the suit) from dispossessing the Plaintiff from the suit property. The order of injunction cannot be read as prohibiting the implementation of the order dated 26.11.2018 passed by the learned District Magistrate declaring as above.

3.

We dispose of the Petition directing the Tahasildar, Nashik to implement the order and not to further delegate to the Entertainment Duty Inspector, Nashik. The Tahasildar shall enforce the order dated 26.11.2018 de hors the order dated 31.12.2018 passed in R.C.S. No. 592/2018. No costs.

4.

Compliance shall be made by the Tahasildar, Nashik within three weeks from today.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2019.11.07 11:48:03 +0530 2/2