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Bombay High CourtWP/311/2026partly allowed

Anjali Wo Kaushik Choudhary v. State Bank Of India Through Its Authorized Officer, Home Loan Centre, Administrative Office, Sadar,

2026-04-23Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Justice Nivedita Prakash Mehta2 pages

901-wp-311-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION (WP) NO. 311 OF 2026 Anjali W/o Kaushik Choudhary

Versus

State Bank of India through its Authorized Officer, Home Loan Centre, Administrative Office, Sadar, Nagpur and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Krutika Motdhare, Advocate for the petitioner. CORAM :

URMILA JOSHI-PHALKE & NIVEDITA P. MEHTA, JJ.

DATED : 23rd APRIL, 2026.

By this petition, the petitioner is seeking directions to the learned Sessions Court, Nagpur to decide the Criminal Misc. Application (Cri.M.A) No. 47 of 2026 and also seeking the direction to the respondent no.1 not to take any coercive steps as far as house property is concerned under the SARFAESI Act. 2.

Learned counsel for the petitioner submitted that the petitioner has preferred an application under the provisions of the Domestic Violence Act and she was permitted to reside in a share house-hold. However, the respondent no.2 has left matrimonial house and now it is brought to her notice that house property wherein she is residing is also mortgaged with the respondent no.1. She submitted that if the respondent no.1 takes the possession of the house wherein she is residing then she will come on the street and therefore Sessions Court, Nagpur be directed to decide the Cri.M.A No. 47 of 2026 and in the meantime the SKNair

901-wp-311-26.odt respondent no.1 be directed not to act upon or execute the order dated 25.02.2026.

3.

Heard learned counsel for the petitioner. Perused various documents filed along with the petition.

4.

Issue notice to the respondent nos. 1 and 2, returnable on 29.04.2026.

5.

Petitioner is permitted to serve the notice upon the respondent nos. 1 and 2 by all available modes of service.

6.

In the meantime, till appearance of the respondents, respondent no.1 shall not take any coercive steps against the present petition. 7.

Matter be listed on 29.04.2026.

[JUDGE] [JUDGE] SKNair