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Bombay High CourtWP/15041/2025disposed off

Union Bank Of India v. The State Of Maharashtra

2025-12-10Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Shri Justice Farhan Parvez Dubash3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15041 OF 2025 Union Bank of India ... Petitioner V/s.

The State of Maharashtra & Ors., ... Respondents ----------- Mr. Dhrupad Vaghani a/w Ms. Gayatri Mohite, Ms. Radhika Kabra i/b Anchorstone Legal for the Petitioner.

Ms. Ashwini Purav, AGP for the Respondent Nos. 1 to 3. ------------ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE :

10 DECEMBER, 2025 ORDER:

1.

Rule. Rule made returnable forthwith. Heard by consent of parties.

2.

By this Writ Petition, the Petitioner is seeking directions KAVITA SUSHIL JADHAV to Respondent Nos. 1 and 2 to execute and implement the Order dated 16th April, 2025 passed under Section 14 of SARFAESI Act by by KAVITA SUSHIL JADHAV Date: 2025.12.11 10:48:21 +0530 taking physical possession of the mortgaged properties and to hand ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

over the same to the authorized officer of the Petitioner at the earliest, in an expedited manner.

3.

The learned AGP for Respondent Nos. 1 to 3 states that the Possession Notice dated 8th December, 2025 has been issued by the Residential Naib Tehsildar, Haveli, Pune, for taking physical possession of the mortgaged property on 26th December, 2025 at 9.00 a.m. The said Possession Notice dated 8th December, 2025 is taken on record and marked 'X' for identification.

4.

In view of the said Possession Notice dated 8th December, 2025 issued by Residential Naib Tehsildar, Haveli, Pune, scheduling taking of possession of the mortgaged property on 26th December, 2025 at 9.00 a.m., the prayer in the present Writ Petition has been worked out.

5.

The Residential Naib Tehsildar, Haveli, Pune, shall proceed to take physical possession of the mortgaged property as scheduled on 26th December, 2025 at 9.00 a.m. and the Superintendent of the local police station having jurisdiction over the mortgaged property is directed to provide police assistance. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

6.

The Petitioner shall also remain present during the taking over of the physical possession of the mortgaged property. 7.

The Writ Petition is disposed of in the above terms. There shall be no orders as to costs.

8.

The Writ Petition shall be placed for compliance on 6th January, 2026.

[ FARHAN P. DUBASH, J.] [ R.I. CHAGLA, J.] Kavita S.J.

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