Navjeevan Co Op. Bank Ltd v. State Of Maharashtra Thru G P And ORS

1/2 10 WP 7466-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7466 OF 2026 Navjeevan Co Op. Bank Ltd ..

Petitioner

Versus

The State of Maharashtra Thr GP and Ors ..

Respondents ...

Adv. Sanjay A i/b Adv. Medha Rane for the Petitioner. Ms. Prabhune Savita, AGP for the Respondent - State. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 16th JUNE, 2026 P.C:- 1.

The Civil Writ Petition filed by the Petitioner, a Co-operative Bank, deserves disposal by directing the Tahsildar, Ulhasnagar, who was appointed to take possession of the mortgaged/attached property as mentioned in the order passed by the Additional District Magistrate, Thane, on 25/11/2025 under Rule 107 of the Maharashtra Co-operative Societies Rule, 1961. While allowing the application, the Magistrate appointed the Tahsildar, Ulhasnagar, to take possession of the properties and take such steps and use such force, including breaking up of the lock or taking assistance of the police, for recovering the possession of the property. 2.

We see no reason why the order shall not be implemented and, if the Additional District Magistrate has directed to the Tahsildar to take necessary steps, he is under an obligation to comply unless until Ashish

2/2 10 WP 7466-26.doc there is some legal embargo, in preventing him from doing so. 3.

We, therefore, direct Respondent No.3, Executive Magistrate and Tahsildar of Ulhasnagar, to ensure compliance of the order dated 25/11/2025 passed by the Additional District Magistrate. Let the learned AGP communicate this order to Respondent Nos.2 and 3.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Ashish