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Bombay High CourtWP/8010/2025disposed off

The South Indian Bank Ltd v. The State Of Maharashtra Thru. G. P. And ORS

2025-07-22Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

6-cwp-8010-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8010 OF 2025 The South Indian Bank Ltd.

... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents ---------------- Mr. R.L. Motwani for the Petitioner.

Mr. N.C. Walimbe, Addl.G.P. a/w. Ms Reena A. Salunkhe, AGP for the Respondent Nos.1 to 4.

----------------

CORAM

:

M.S. KARNIK & N.R. BORKAR, J.J.

DATE :

22nd JULY, 2025.

P.C.

1.

Heard learned counsel for the petitioner.

2.

Learned AGP for respondent Nos.1 to 4, on instructions, submits that the possession in respect of one of the properties mentioned in Exhibit-A at item No.i), viz. Apartment No.1 in Viswa Pratap Apartment, which is annexed at page No.24 to the petition, has been handed over to the petitioner.

3.

Insofar as property mentioned in Exhibit-A at item No.ii) viz., Flat No.405 in Building 'B' of Kamalraj Datta Vihar Building is concerned, learned counsel for the petitioner makes a grievance that at the request of borrower the respondent No.2 - Residential Nayab Tahsildar has rescheduled the taking of possession of the said flat to 8th August 2025, which according to learned counsel for the DSS 1/2

6-cwp-8010-25.doc petitioner is not permissible.

4.

Without delving into this aspect and without prejudice to the contentions of learned counsel for the petitioner, we direct respondent No.2 - Residential Nayab Tahsildar, PimpriChinchwad to ensure that the possession of the property in the building known as Kamalraj Datta Vihar is handed over to the petitioner on 8th August 2025. If for any reasons, the possession is not handed over on 8th August 2025, we may be constrained to call upon the respondent No.2 - Residential Nayab Tahsildar to remain present in this Court to offer an explanation.

5.

If any police protection is required, the concerned Station House Officer shall provide the same. Needless to mention that the petitioner shall pay necessary charges towards police protection.

6.

List the petition under the caption "for compliance" on 11th August 2025.

(N.R. BORKAR, J.) (M.S. KARNIK, J.) DSS 2/2