Bombay High CourtMCA/98/2026rejected

Shubham Deepak Naik v. Shri Kalika Urban Co-Operative Credit Society Ltd. Thr. Its Auth. Representative And 4 ORS

2026-03-12Hon'Ble Dr. Justice Neela Gokhale2 pages

2026:BHC-GOA:466 39 MCA 98 2026 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.98 OF 2026 IN WRIT PETITION NO.1463 OF 2025 (F) SHUBHAM DEEPAK NAIK ... APPLICANT

Versus

SHRI KALIKA URBAN CO-OPERATIVE CREDIT SOCIETY LTD. THR. ITS AUTH.

REPRESENTATIVE AND 4 ORS ... RESPONDENTS Mr Dattaram Chari, Advocate for the Applicant. Ms Ketki Pednekar, Advocate for Respondent No.1. CORAM:- DR. NEELA GOKHALE, J.

DATED :- 12th March, 2026 P.C.:

1. By order dated 14th January, 2026, this Court had clarified that the Respondent No.1 was at liberty to proceed with all acts of recovery of the amount due, including the sale of the attached properties. The Court further clarified that there was no interim relief operating for the time being and the Registrar of Cooperative Societies conducting such auction was at liberty to proceed with the sale of the properties in accordance with law. Now the son of the principal borrower has made this application seeking a stay of the auction, which the Bank was conducting in order to recover the loan amount.

2. According to Mr Dattaram Chari, learned counsel for the 12th March, 2026

39 MCA 98 2026 Applicant, the Applicant needs some time to repay the said amount.

3. Per contra, Ms Ketki Pednekar, learned counsel for Respondent No.1, on instructions of the General Manager of the Respondent No.1-Bank states that as one time settlement, the Applicant has to pay an amount of Rs.83,65,279/-, out of which the Applicant has only paid Rs.11 lakhs. In any case, this Court, in its order dated 14th January, 2026 itself directed the Respondent No.1-Bank to proceed with the auction. In these circumstances, I am not inclined to allow the present application. The application stands disposed of accordingly.

4. Place the Writ Petition for hearing on 15th April, 2026. DR. NEELA GOKHALE, J.

Signed by: AMRUT NAGESH TARI Designation: Private Secretary Date: 12/03/2026 18:12:58 12th March, 2026