Ankush Ramchandra Gund v. The State Of Maharashtra Thru. G. P. And ORS

11 WP 9563-25-C.DOC Priya Soparkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9563 OF 2025 Shri Ankush Ramchandra Gund

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondents

Mr. Vaibhav V. Ugle, for the Petitioner.

Mr. N. C. Walimbe, Addl. G.P. with Mr. V. G. Badgujar, AGP, for the Respondent No.1/State.

CORAM:

SUMAN SHYAM & SHYAM C. CHANDAK, JJ.

DATED:

03rd SEPTEMBER, 2025.

PC:- 1.

Heard Mr. Vaibhav V. Ugle, learned counsel appearing for the Petitioner and Mr. N. C. Walimbe, learned Addl. GP appearing for the Respondent No.1/State.

2.

Notice has already been served upon the Respondent Nos.1, to 4. Service report is, however, awaited on Respondent Nos.2 and 3.

3.

The Petitioner's counsel submits that as against the loan amount of Rs.1 crore 80 lakhs availed by his client, the Fixed Deposits of Rs.1 crore 43 lakhs maintained by the Petitioner with the Respondent No.2-Bank that has already been adjusted by way of recovery.

Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.09.04 15:30:18 +0530 PRIYA RAJESH SOPARKAR 03rd September, 2025.

11 WP 9563-25-C.DOC 4.

The Respondent Nos.2 and 3 are not present to dispute to above assertion. As such, we are inclined to grant interim relief in this case. It is hereby provided that as an interim measure, reliefs in terms of prayer clauses (c) and (d) is granted until further order. Further proceedings pursuant to the Recovery Certificate dated 18th August, 2022 in Application No.265/Kalam 101/2022-23 passed by the Deputy Registrar, Co-operative Society, Pune Zilha Nagari Sahakari Banks Association Limited, Pune as well as consequent possession notice dated 21st October, 2024 shall remain stayed. 5.

Let the matter be listed again on 15th October, 2025. 6.

In the meantime, Registry to call for report as regards service on Respondent Nos.2 and 3.

(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.) { 03rd September, 2025.