Svc Co-Op. Bank Ltd And ANR v. The State Of Maharashtra Through District Magistrate And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9593 OF 2024 Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.12.15 11:32:49 +0530 JITENDRA SHANKAR NIJASURE SVC Co-Operative Bank Ltd., (Formerly known as Shamrao Vithal Co-Op. Bank Ltd.) and Anr.

...Petitioners

Versus

The State of Maharashtra Thru. The Hon'ble District Magistrate, Pune and Ors.

...Respondents

---------- Mr. Nikhil Rajani with Mr. Ajay Deshmane i/b. V. Deshpande & Co. for the Petitioners.

Smt. Vrishali Raje, AGP for the State.

Ms. Paurnima Kolate, thru V.C. with Mr. Vaibhav Thorave i/b. Bajrang Solanki for Respondent No.6.

Ms. Sheetal Y. Dhumal, Respondent No.6 - Thru V.C. ---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE :

12TH DECEMBER, 2025 ORDER :

1.

By this Writ Petition, the Petitioner has sought for a direction to the Respondent Nos.2 to 5 to forthwith remove

trespassers from the secured asset of the Petitioner and to take further steps in handing over the vacant and physical possession of the said secured assets as described in Exhibit 'A' to the Petition in a time bound manner.

2.

We had directed the Petitioner to amend the Writ Petition by joining the borrower who has thereafter been joined as Respondent No.6.

3.

Ms. Paurnima Kolate, the learned Counsel appearing for the Respondent No.6 - Ms. Sheetal Yogesh Dhumal states on instructions that Respondent No.6 will handover physical possession of the secured asset to the Respondent No.2 - Nayab Tahasildar on 2nd January, 2026 at 11.00 a.m. The statement is accepted. 4.

The Respondent Nos.3 to 5 shall assist the Respondent No.2 - Nayab Tahasildar, Haveli, Pune in taking physical possession from Respondent No.6.

5.

The Writ Petition is accordingly disposed of. There shall be no Order as to costs.

6.

Writ Petition shall be placed for compliance on 5th January, 2026.

[FARHAN P. DUBASH, J.] [R.I. CHAGLA J.] jsn.