Gita Vishal Kakade v. State Of Maharashtra Thr Thr Tehsildar And ANR

17.WP.10014.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10014 OF 2025 Gita Vishal Kakade .. Petitioner

Versus

State Of Maharashtra Through Tehsildar and Ors.

.. Respondents ....................

 Mr. Dipak Shinde, Advocate for Petitioner.

 Ms. P. J. Gavhane, AGP for Respondent Nos.1 and 3.  Mr. Ajit Kenjale a/w. Mr. Azharuddin Khan, Advocate for Respondent Nos.1 and 2.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 05, 2025 P.C.

:

1.

Heard Mr. Shinde, learned Advocate for Petitioner; Ms. Gavhane, learned AGP for Respondent Nos.1 and 3 and Mr. Kenjale, learned Advocate for Respondent Nos.1 and 2.

2.

Mr. Kenjale would submit that in compliance of directions contained in paragraph No.8 of the order dated 22.07.2025, the Affidavit is ready and the Bank shall place on record all details as desired by the Court.

3.

Mr. Shinde, learned Advocate appears for Petitioner. It is prima facie seen that Petitioner is a businesswoman and owns a saree shop in Phaltan, District - Satara. If that be the case, Petitioner will have to show her bonafides failing which this Court will have to pass

17.WP.10014.2025.doc appropriate orders in upholding the recovery certificate and the notice issued by Tahsildar. Ultimately, it is the money of Respondent No.2 - Bank which is public money, which is at stake. 4.

Hence, Mr. Shinde shall take appropriate instructions from Petitioner and inform the Court as to how much deposit can Petitioner make upfront to show her bonafides. That apart, appropriate installments as desired to be deposited by Petitioner shall also be informed to the Court. Petitioner shall have to make upfront statement on next adjourned date and also statement with respect to the balance amount to be paid by Petitioner to the Bank.

5.

The details of balance amount required to be paid by Petitioner to Bank shall be informed to Mr. Shinde by Mr. Kenjale. 6.

In the meanwhile, ad-interim order shall continue and no coercive steps shall be taken against Petitioner for dispossession from the subject premises.

7.

Stand over to 12th August, 2025 at 03:00 p.m.. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.08.05 17:57:03 +0530 HARSHADA HANUMANT SAWANT