Hemant Parikh And 2 ORS. v. The Mamlatdar And Executive Magistrate And 2 ORS.
2026:BHC-GOA:709-DB 22 MCA 171 2026 Esha
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.171 OF 2026 IN WRIT PETITION NO.469 OF 2026 (F) HEMANT PARIKH AND 2 ORS.
... APPLICANTS
Versus
THE MAMLATDAR AND EXECUTIVE MAGISTRATE AND 2 ORS.
... RESPONDENTS Mr. S.R. Rivankar, Senior Advocate with Mr. Rama Rivankar and Ms. Mamta Jiwnani, Advocates for the Applicants. Mr. Ajay Borkar, Additional Government Advocate for Respondent Nos. 1 and 2.
Mr. Rui Gomes Pereira, Advocate for Respondent No. 3. CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.
DATED :- 6th April, 2026 P.C:
Registry to waive all the office objections and register this Application.
2. This Court by an order dated 25.03.2026, had vacated the stay of the proceedings under Section 14 of the SARFAESI Act, by which the Mamlatdar was stopped from proceeding to attempt physical possession of certain property.
3. On the order of stay being vacated, an amount of Rs.2 crores 6th April, 2026
22 MCA 171 2026 deposited in this Court with the Registry on 11.03.2026 in terms of the order dated 18.02.2026 passed in Writ Petition No. 469 of 2026 (F), will have to be refunded to the party, who had deposited the said amount on behalf of the Applicants, Hemant Parikh and others. The details of the Bank Account are stated in paragraph 7 of the Application under affidavit.
4. Consequently, the Application is allowed. The Registry is directed to transfer the amount of Rs.2 Crores deposited on 11.03.2026 under the order dated 18.02.2026 to the Account of Yash Bipin Kotak; the details of which are stated in paragraph 7 of the Application. The Applicants shall place on record of this Court the acknowledgement of the receipt of the said amount in the Account of Yash Bipin Kotak under the signature of the said person, within one week from the date of receipt of the amount.
5. The Application stands disposed of in the above terms. AMIT S. JAMSANDEKAR, J.
VALMIKI MENEZES, J.
Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 07/04/2026 11:24:24 6th April, 2026