← Library
Bombay High CourtWP/9069/2025disposed off

Bank Of India v. Maharana Electricals Pvt Ltd And ORS

2026-01-19Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

16_WP_9069_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9069 OF 2025 Bank of India ...

Petitioner vs.

Maharana Electricals Pvt. Ltd. and others ...

Respondents Adv Das Oyesteem Arogia for petitioner-bank.

Smt. A. A. Purav, AGP for respondent Nos.4 to 6. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

19th JANUARY, 2026 P.C. :

.

We find shocking state of affairs in this petition. The petitionerbank complains that despite earlier writ petition bearing No.12813 of 2024 being allowed and respondent No.3 being directed to handover possession of the subject property to the petitioner-bank in terms of an order passed by the competent authority under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act), and a panchanama being drawn on 09.04.2025, still the said respondent has again encroached upon the property on 15.04.2025. 2.

We find that a number of such petitions are being filed in this Court, virtually reducing this Court into an execution Court for the orders passed by Magistrates under Section 14 of the Securitisation Act.

3.

Therefore, we request the learned AGP to take instructions in the matter from respondent No.5 and to report to this Court as to the Digitally signed by PRIYA KAMBLI Date:

2026.01.20 10:39:24 +0530 PRIYA KAMBLI 1/2

16_WP_9069_25.doc present state of affairs with regard to the possession of the subject property.

4.

Since the order is already passed by the competent Magistrate under Section 14 of the Securitisation Act, we direct that respondent No.5 shall take all necessary steps to handover possession of the subject property to the petitioner-bank before the next date of listing. 5.

The learned AGP assures this Court that a copy of this order shall be forwarded to respondent No.5 at the earliest. 6.

List for compliance on 03.02.2026, High on Board. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Priya Kambli 2/2