M/S. Kedia Brothers v. Tamilnad Mercantile Bank Ltd. And ANR

22-wp-14946-2025.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14946 OF 2025 Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.11.07 10:44:10 +0530 M/s. Kedia Brothers

...Petitioner

JITENDRA SHANKAR NIJASURE

Versus

Tamilnad Mercantile Bank Ltd. & Anr.

...Respondents

---------- Farzena Murray i/b. Consulta Juris for Respondent No.1. Nishant Chothani i/b. Aditya Manjrekar for the Respondent No.2. ---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 6TH NOVEMBER, 2025.

ORDER :

1.

None appears for the Petitioner.

2.

The learned Counsel appearing for the Respondent No.2 has referred to the Order dated 31st October, 2025 passed by the Vacation Court, wherein this Court directed Respondent No.1 Bank not to take physical possession of the property and if at all, the possession is taken, the keys of the premises shall be deposited in this 1/2

22-wp-14946-2025.doc Court on 3rd November, 2025. Pursuant to the said Order, the keys of the premises have been deposited in this Court. 3.

Considering that none appears for the Petitioner, the Advocate for the Respondent No.2 shall serve notice of tomorrow's listing of the matter on the supplementary board upon the Advocates for the Petitioner.

4.

It is made clear that if none appears for the Petitioners inspite of Notice served upon them, this Court shall consider the application of the Respondent No.2 for vacation of the Order dated 31st October, 2025 in their absence.

5.

At this stage, the learned Counsel for the Respondent No.2 has tendered Affidavit in Reply to the Petition which is taken on record.

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