Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal Thr The Chairman And ORS v. Auxilo Finserve Private Limited And ORS
913.wp.10889-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10889 OF 2024 Auxilo Finserve Private Limited and anr.
..Petitioners vs.
The State of Maharashtra and ors.
..Respondents WITH INTERIM APPLICATION NO.12978 OF 2024 IN WRIT PETITION NO.10889 OF 2024 Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal and ors.
..Applicants In the matter between Auxilo Finserve Private Limited and anr.
..Petitioners vs.
The State of Maharashtra and ors.
..Respondents ------------ Adv. Charles Desouza a/w Adv. Nikhil Rajani, Adv. Rupak Sawangikar, Adv. Ajay Deshmane i/b. V. Deshpande & Co., for the Petitioners.
Mr. B. V. Samant, Addl.G.P. a/w Mr. S. P. Kamble, AGP, for the Respondent-State.
Adv. D. V. Sutar a/w Adv. Kavita Vijapure, Adv. Latika Kabad, for the Applicants.
------------
CORAM
: M. S. KARNIK & N. R. BORKAR, JJ.
DATE : 19th JUNE, 2025 P.C. :
1.
The secured asset is a building where a school is situated. It is the contention of the secured creditor that PMB
913.wp.10889-2024.doc despite specific orders and even after taking possession, the borrower has re-entered the property. It is further submitted that despite specific orders of this Court not to admit any students for the academic year 2025-2026, the borrower is publishing advertisements and admitting students.
2.
Learned AGP submits that the Education Department is not granting any permission and all these admissions are not without any intimation to the Education Officer and illegal.
3.
We find the action of the borrower very highhanded and in breach of the orders passed by this Court. However, at the request of learned counsel for the borrower, we grant time till Tuesday i.e. 24th June 2025 to rectify the situation and restore the possession of the secured asset to the Petitioners.
4.
List the matter on 24th June 2025 on the supplementary board.
(N. R. BORKAR, J.) (M. S. KARNIK, J.) PMB Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 20/06/2025 10:29:47