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Bombay High CourtWP/15364/2025disposed off

Svc Co-Operative Bank Ltd. And ANR v. The State Of Maharashtra Thru. D M And ORS

2026-03-10Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

65-WP-15364-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15364 OF 2025 SVC Co-Operative Bank Ltd. and Anr ..

Petitioners V/s.

State of Maharashtra and Ors ..

Respondents ------------------- Mr. Nikhil Pajani, a/w Mr. Ajay Deshmane, i/b V. Deshpande & Co., for the Petitioners.

Mr. O. A. Chandurkar, Addl GP, a/w Ms. G. R. Raghuwanshi, AGP for the Respondent/State.

--------------------

CORAM

:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE :

10TH MARCH 2026.

PC:

1.

The petitioner bank (secured creditor) filed this petition as an order passed by the Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was not resulting in actual relief. It is brought to our notice that, as a matter of fact, the petitioner bank had taken possession of the secured asset in pursuance of the said order, but the borrowers trespassed into the said property, necessitating filing of this petition. 2.

During the pendency of this petition, the respondent State Authorities have taken action, as a consequence of which the petitioner bank has been put back in physical possession of the secured asset. Sweety

65-WP-15364-2025.doc 3.

Hence, the petition is rendered infructuous and is disposed of as such. 4.

The copy of the 'Tabepavati' (possession receipt) tendered by the learned counsel for the petitioner bank is taken on record. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Sweety