Anand S/O Ramrao Gohokar v. Icici Bank Ltd., Nagpur

1 901-WP-1622-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1622 OF 2026 Anand S/o. Ramrao Gohokar Vs. ICICI Bank Ltd. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. T.U. Tathod, Advocate for the Petitioner. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 20 th FEBRUARY, 1.

Heard learned counsel for the petitioner.

2.

Learned counsel for the petitioner has requested for urgent circulation of this matter, pointing out the likelihood of disturbance of the petitioner's possession of Flat bearing Flat No.T-4, situated at 3rd Floor of building known as "MAA LAXMI APARTMENT". Therefore, the matter is taken up for urgent hearing.

3.

Petitioner's challenge is to the Order dated 18.02.2026 passed by the Trial Court thereby, rejecting the application for ad-interim injunction.

4.

Learned counsel for the petitioner submits that the petitioner is the owner of the aforesaid suit property, more particularly described in the plaint, on the basis of a Sale Certificate and the consequent Sale Deed executed by the Allahabad Bank, City Office Branch, Manewada, Nagpur. It is further submitted that despite the pendency of the proceedings before the Debts Recovery Tribunal, Nagpur, initiated by the respondent - ICICI Bank Ltd., against the Allahabad Bank with respect to which a separate writ

2 901-WP-1622-2026.odt petition bearing Writ Petition No.7083/2019 is pending before this Court, the respondent-ICICI Bank Ltd., has initiated the proceeding under Section 14 of the SARFEASI Act, 2002 and the possession of the petitioner's flat is likely to be taken today i.e. 20.02.2026.

5.

Having regard to the controversy involved, issue notice to the respondent, returnable after two weeks. 6.

Petitioner is permitted to serve the respondent by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date. 7.

In the meantime, the respondent-Bank is restrained from taking any coercive action pursuant to the Possession Notice dated 13.02.2026.

8.

All concerned shall act on the authenticated copy of this order.

(PRAFULLA S. KHUBALKAR, J . ) Privel