Au Small Finance Bank Ltd v. The Municipal Commissioner Navi Mumbai Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6149 OF 2026 AU Small Finance Bank Ltd.

.. Petitioner Vs.

The Municipal Commissioner, Navi Mumbai Municipal Corporation and Ors.

.. Respondents Mr. Vivek Patil with Mr. Aisar Ansari, Advocates for the Petitioner. Mr. Tejas Dande, Advocate for Respondent Nos.1 and 2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 7TH MAY 2026.

P.C. :

By this writ petition, the petitioner seeks the following reliefs:

"a.

That this Hon'ble Court be pleased to issue a writ of mandamus, order or direction declaring that without following principle of natural justice and audi alterm partem, any precipitative action by the respondent nos.1 and 2 in relation to the subject property under provisions of Maharashtra Regional Town Planning Act, 1966 which is in possession of the petitioner is unconstitutional, arbitrary, unilateral, illegal;

b.

That this Hon'ble Court be pleased to pass appropriate direction or thereby granting period of 6 to 9 months for taking appropriate steps for shifting the business of the branch as per the RBI Master Circular on Branch Authorization dated 1st July 2011 and during such period the respondent nos.1 and 2 be refrain from any precipitative either restricting or coercively proceedings action against the subject property;

c.

Pending the hearing and final disposal of the petition, this Hon'ble Court be pleased to restrain the respondent nos.1 and 2 and its officers, representatives, attorneys, servants, authorized persons etc. from taking any coercive action in the nature of demolition, denying access, entry and peaceful use and occupation to conduct the petitioner's banking business activities;

1/2 907-WP-6149-2026.doc Dixit

d.

Pending the hearing and final disposal of the petition, this Hon'ble Court be pleased to restrain the respondent nos.1 and 2 and its officers, representatives, attorneys, servants, authorized persons etc. till the final decision taken by the respondent no.2 on the representation made by the petitioner on 24th April 2026;

e.

Ad-interim relief in terms of prayer clauses 'a', 'b', 'c' and 'd' may be granted;

f.

Cost of this petition be provided for; and g.

To grant such other and further relief as the nature and circumstances of the case may require."

2.

Leaving a liberty with the petitioner to approach the respondent-Municipal Corporation to provide it time for shifting its banking business, this Writ Petition No.6149 of 2026 is disposed of.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2026.05.14 11:52:07 +0530 2/2 907-WP-6149-2026.doc Dixit SNEHA ABHAY DIXIT