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Bombay High CourtWP/11217/2025dismissed

Madhab Dhruba Chowdhury And ANR v. The State Of Maharashtra

2025-11-03Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

3-WP 11217.25.doc Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11217 OF 2025 Mr. Madhab Dhruba Chowdhury & Anr.,

...Petitioners

Versus

State of Maharashtra & Anr.,

...Respondents

---------- Ms. Dimple Tejani for the Petitioner.

Mr. R.L. Notwani for Respondent No.2.

---------- CORAM : R.I. CHAGLA, J.

FARHAN P. DUBASH, J.

DATED : 3rd NOVEMBER, 2025.

ORDER :

1.

The learned Counsel appearing for the Petitioners has sought for extension of time for settling the outstanding dues of the Respondent No.2 - Bank as per the statement by the learned Counsel for the Petitioners recorded in Paragraph 2 of the said Order dated 10th September,, 2025.

KAVITA SUSHIL JADHAV 2.

The Petitioners by the said statement had undertaken to by KAVITA SUSHIL JADHAV Date: 2025.11.04 11:14:25 +0530 settle the outstanding dues of Respondent No. 2 - Bank by making 1/2

3-WP 11217.25.doc payment of sum of Rs.10 Lakh on or before 30th September, 2025 and balance dues by 31st October, 2025. The Petitioners have failed to make the initial payment of Rs.10 Lakh on or before 30th September, 2025 and hence, this Court does not consider it a fit case to show any indulgence to the Petitioners.

3.

The Respondent Nos.2 - Bank had been directed not to take any coercive measures in respect of the secured asset of the Petitioners, pursuant to the impugned order dated 18th March, 2025 passed under Section 14 of the SARFAESI Act by the Additional Chief Judicial Magistrate, Raigad - Alibaug, subject to the Petitioners complying with the aforementioned statement.

4.

In view of the above statement not having been complied with by the Petitioners, the Writ Petition requires to be dismissed. The interim order shall no longer continue to operate. 5.

Accordingly, the Writ Petition is dismissed. There shall be no orders as to costs.

[FARHAN P. DUBASH, J.] [R.I. CHAGLA, J.] 2/2