Jana Small Finance Bank Ltd Thr Its Authorized Officer v. The State Of Maharashtra Thr Government Pleader And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9433 OF 2025 Jana Small Finance Bank Ltd.
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Petitioner
Versus
The State of Maharashtra & Ors.
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Respondents ****** Mr. Balasaheb Choure (through V.C.) for the Petitioner. Mrs. G. R. Raghuwanshi, AGP for Respondent-State. BIPIN DHARMENDER PRITHIANI Date: 2026.04.24 10:28:33 +0530 BIPIN DHARMENDER PRITHIANI ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.
DATE : 23rd APRIL 2026 P.C. :
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This petition is listed under the caption for compliance today, in the light of order dated 2nd April 2026, whereby the respondent No.3-Tehsildar with assistance from the Senior Police Inspector of the concerned police station was supposed to ensure that physical possession of the secured asset was taken on 20th April 2026. We had indicated that in case of non-compliance, the Executive Magistrate/Tehsildar and the Senior Police Inspector would have to remain personally present in this Court. 2.
The learned counsel for the petitioner-bank (secured creditor) informs this Court that on the said date i.e. 20th April 2026, the respondent No.3-Tehsildar, Maval, Dist. Pune, could not take physical possession of the secured asset because police assistance was not provided.
3.
The learned AGP, on instructions, makes a statement that the lapse occurred because in the meanwhile, the concerned Police Inspector was transferred.
4.
In the light of the statement made by the learned AGP, we are of the opinion that one last opportunity can be granted to respondent No.3-Tehsildar and the concerned Senior Police Inspector of Vadgaon Police Station, Pune, to ensure that physical possession of the secured asset is taken and handed over to the petitioner.
5.
The learned counsel for the petitioner informs that now the respondent No.3-Tehsildar has fixed the date of taking physical possession of the secured asset on 5th May 2026. In that light, we direct the said respondent No.3-Tehsildar to ensure that physical possession is indeed taken and handed over to the petitioner, for which purpose, the Senior Police Inspector of Vadgaon Police Station, Pune, shall provide all necessary assistance, including lady constables, who shall use reasonable, adequate and necessary force for taking physical possession of the secured asset and hand it over to the petitioner-bank.
6.
This Court will not accept any situation of non-compliance on the next date of hearing and appropriate orders may be passed against the Tehsildar and the Senior Police Inspector, in case of non-compliance.
7.
It is further made clear that, in the event, the directions
contained hereinabove are not complied with, the respondent No.3-Tehsildar and the Senior Police Inspector, Vadgaon Police Station, Pune, shall remain personally present in the Court, on the next date of listing.
8.
List for compliance on 6th May 2026.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)