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Bombay High CourtWP/1160/2026disposed off

Soumil Vitthal Shetwad Minor Thr Guardian Father Vitthal Tulshiram Shetwad v. State Of Maharashtra Through Secretary And Another

2026-02-02Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

22-WP-1160-26.doc Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SAYALI DEEPAK UPASANI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1160 OF 2026 SAYALI DEEPAK UPASANI Date: 2026.01.27 17:31:37 +0530 Shivaji Vaibhav More ... Petitioner V/s.

Vidya Sahakari Bank Ltd and Another ... Respondents Mr. Ronak Shah, for Petitioner.

Mr. P. V. Nelsan Rajan, AGP for State Respondent No. 5.

Mr. Swapnil Chopade i/b Shrivallabh S. Panchpor, for Respondent No. 1.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 27, 2026 P.C.:

1.

The challenge in this Petition arises out of an order passed by the District Magistrate in exercise of powers under Rule 107 Clause D-(1)(xi) of the MCS Rules. The position in this regard has already been considered by this Court in the case of Amit Prakash Jori & Anr. v. The State of Maharashtra through General Public & Ors., Writ Petition No. 1331 of 2025, decided on 4 February 2025. In view of the said judgment, the present petition need not be entertained. However, it shall be open for the petitioner to adopt appropriate proceedings either under sub-rule

(14) or sub-rule (19) of Rule 107 of the MCS Rules and in that

22-WP-1160-26.doc case, the Special Recovery Officer is under obligation to adjudicate the grievance of the petitioner as expeditiously as possible.

2.

Hence, keeping all questions raised by the petitioner open to be agitated by the Competent Authority under the said Rule, the present petition is disposed of.

(AMIT BORKAR, J.)