Kondiram B Waghmare v. Bank Of Maharashtra Thru. Asset Recovery Branch And ORS

Jayashri Lande 905-WP-12708-2025.doc Digitally signed by JYOTI PRAKASH PAWAR Date:

2025.10.03 18:35:13 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12708 OF 2025 Mr. Kondiram B. Waghmare

...Petitioner

V/s.

1. Bank of Maharashtra through Its Authorised Office Asset Recovery Branch and Ors.,

...Respondents

____________________________________ Kishor Patil a/w Sarita Sonawane Advocate for Petitioner Ms. Hema Desai i/b CSK Legal for Respondent No.1 ___________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 30TH SEPTEMBER 2025 ORDER :

1.

The Learned Counsel appearing for the Petitioner states that the Petitioner be granted permission to remove the movables from the Secured Asset (Flat No.403) which has been sealed by the Respondent No.1 Bank pursuant to the Order of the Debt Recovery Tribunal (DRT). He has submitted that the movables include the study material of the Petitioner's granddaughter who is in the 10th Standard.

2.

The Learned Counsel appearing for the Respondent No.1 Bank has no objection to the Petitioner removing all the movables from Flat No.403.

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Jayashri Lande 905-WP-12708-2025.doc 3.

In view thereof, the Petitioner is granted permission to remove the movables from Flat No.403 in presence of the Officer of the Respondent No.1 Bank.

4.

The Petitioner is at liberty to approach the Debt Recovery Appellate Tribunal by way of alternate Appellate Remedy. 5.

Writ Petition is accordingly disposed of.

6.

No order as to costs.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 2/2