Shaheen Liykat Khan v. Bank Of Baroda And ORS

12_WP_5658_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5658 OF 2025 Shaheen Liykat Khan ...

Petitioner vs.

Bank of Baroda and others ...

Respondents Mr. Mohd. Parwez Alam, i/b. Mr. Sanjeev Mishra for petitioner. Mr. Yogesh J. Mishra a/w. Mr. Madhur Rai, i/b. PRS Legal for respondent No.1-bank.

Mr. A. A. Alaspurkar, AGP for respondent Nos.2 and 3-State. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

16th FEBRUARY, 2026 P.C. :

.

By this petition, the petitioner is seeking an order to restrain the respondent No.1-bank from taking possession of the subject property.

2.

Surprisingly, a prayer is made before this Bench in terms of prayer clause (b), to set aside an order of a co-ordinate Division Bench of this Court dated 06.01.2025 passed in Writ Petition No.17831 of 2024, which was filed by the said respondent. In the said petition, the respondent No.1-bank was constrained to approach this Court, as the petitioner herein had trespassed into and taken possession of the subject flat, in respect of which the said respondent had been put in possession, following execution of an order passed by the competent Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act).

by PRIYA KAMBLI Date:

2026.02.16 17:38:03 +0530 PRIYA KAMBLI 1/2

12_WP_5658_25.doc 3.

Since securitisation application filed by the petitioner is pending before the Debts Recovery Tribunal, we would not like to make further comments in the matter. We are of the opinion that the present petition cannot be entertained for the prayers made in the petition.

4.

Accordingly, the writ petition is dismissed.

5.

Respondent No.1 is at liberty to take appropriate steps in accordance with law, including in terms of order dated 06.01.2025 passed in Writ Petition No.17831 of 2024.

(SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) Priya Kambli 2/2