Idfc First Bank Ltd. And ANR v. Vinod Dhaku Ghudekar And ORS

906-WP-2854-26.doc Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SAYALI DEEPAK UPASANI WRIT PETITION NO.2854 OF 2026 by SAYALI DEEPAK UPASANI Date: 2026.02.27 17:51:17 +0530 IDFC First Bank Ltd and Others ... Petitioners V/s.

Vinod Dhaku Ghudekar and Others ... Respondents Mr. Nikhil Rajani i/b M/s. V. Deshpande, for Petitioners.

Mr. Y. D. Patil, AGP for State-Respondent No. 5. Mr. Sonu Randive, for Respondent no. 3.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 27, 2026 P.C.:

1.

The challenge in this petition arises out of the order dated 20th September, 2025, passed by the Additional Chief Judicial Magistrate in the exercise of power under Rule 107(d-1)(vi) of MCS Rules.

2.

The petitioners claim to be prior mortgagees and therefore, according to me, the order could not have been passed without giving an opportunity to the petitioner. However, this Court, in the case of Amit Prakash Jori & Anr. vs. The State of Maharashtra & Ors, Writ Petition No.1331 of 2025 decided on 4 February

906-WP-2854-26.doc 2025, has already held that the exercise of power under Rule 107(d-1)(vi) of MCS Rules is essentially executory order and the exercise of power by the Judicial Magistrate is ministerial. He does not have the discretion to pass such an order; therefore, the petition need not be entertained.

3.

Hence, the petition cannot be entertained; however, it shall be open to the petitioner to adopt any appropriate remedy available in the law.

4.

The writ petition stands dismissed.

(AMIT BORKAR, J.)