Mayuri Navnath Taware And ORS v. State Of Maharashtra Through The G.P. High Court Mumbai And ORS

skn 1 911-WP-18096.2024.doc BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT Date: 2024.12.11 19:38:25 +0530 WRIT PETITION NO. 18096 OF 2024 Mayuri Navnath Taware and others.

...

Petitioners.

V/s.

State of Maharashtra and others.

...

Respondents.

----- Mr.Aseem Naphade, Advocate with Mr.Ravindra P. Mali, Advocate for the Petitioners.

Mr.N.C.Walimbe, Addl.GP with Ms.G.R.Raghuwanshi, AGP for the Respondent- State.

Mr.Sachin Fuladi, Advocate with Ms.Aarti Suvarna, Advocate for Respondent No.3- Bank (through VC).

Mr.M.A.Patil, Advocate for Respondent No.4.

----

CORAM:

A.S. CHANDURKAR AND RAJESH S. PATIL, JJ DATE:

11th December 2024.

P.C. :

We have heard the learned counsel for the parties for some time.

2.

The Petitioners- students are pursuing their undergraduate and post-graduate engineering courses at Respondent No.4- Institution. That institution is facing proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. An order has been passed under Section 14 of the said Act to take over possession of the college premises. The possession was to be

skn 2 911-WP-18096.2024.doc taken yesterday, but it was deferred on the ground that the Institution had approached the Debts Recovery Tribunal. Today, it is informed that no interim relief is granted by the Debts Recovery Tribunal.

3.

Leave granted to implead the Dr. Babasaheb Ambedkar Technological University, Lonere as respondent no.5. The amendment to be carried out forthwith. Issue notice to the newly added respondent returnable on 30th December 2024. Since the Semester examinations are on going and they are to conclude on 25 December 2024, the learned counsel appearing for Respondent No.3, on the suggestion of the Court, has agreed to defer the steps for taking possession till 27 December 2024. The statement is accepted.

4.

In case Respondent No.3 seeks assistance in the form of police protection, it shall comply with the prescribed procedure and take steps accordingly.

5.

To enable further consideration of the writ petition, stand over to 30 December 2024. To be listed along with Contempt Petition No.279/2024.

6.

Parties to act on an authenticated copy of this order. (RAJESH S. PATIL, J.) (A.S. CHANDURKAR, J.)