Allowed¶13

Sanjay K Samantaray v. State of Maharashtra through the Office of the Government Pleader

Bombay HC7 Feb 2025WP/349/2025

Case brief

AI extract

What is this about?

Precipe correction; Bombay High Court OOJC; W.P.(ST) 21241/2024; Sanjay K. Samantary v. State of Maharashtra; Para 2 corrected — purchase through registered Agreement for Sale from Paramount Corporation (Respondent No.5); Paramount's original purchase via DRT auction under Section 29, Recovery of Debts Due to Banks and Financial Institutions Act, 1993; attachment under Rule 107; Petitioner not borrower/guarantor; order dated 14/01/2025 to be read with present order; Coram Alok Aradhe CJ & Bharati Dangre J; dated 7 February 2025.

What did the court decide?

Correction of Para 2 (Page 2) of the order dated 14/01/2025 as reproduced in the present order; the order dated 14/01/2025 to be read alongwith the present order. ¶13

Sanjay K Samantaray vs State of Maharashtra through the… — Banking and Recovery | Bombay HC (2025)

¶1

WPS-21241-2024-speaking.doc

¶2

rajshree

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (ST) NO.21241 OF 2024

¶4

Sanjay K. Samantary ] .. Petitioner vs. State of Maharashtra & Ors. ] .. Respondents

¶5

Ms.Dhanashree Hublikar i/b YMK Legal for the Petitioner.

¶6

CORAM : ALOK ARADHE, CJ. & BHARATI DANGRE, J. DATE : 7^th FEBRUARY, 2025.

¶7

P.C.

¶8

A precipe is moved before us in the wake of non availability of the one of the member of the concerned Bench (Hon’ble Chief Justice and Amit Borkar, J.) which had passed an order on 14/01/2025.

¶9

The precipe seek correction in Para 2 Page 2 of the order which reads thus :-

¶10

The unit in question, bearing No.A/31, admeasuring 642 square feet carpet area on the 1^st floor of Ghanshyam Co-operative Industrial Estate Limited, forms the crux of the petition. The petitioner asserts ownership of the said premises, acquired through an auction sale conducted by the Debt Recovery Tribunal, Mumbai (the DRT) under Section 29 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The petitioner contends that despite holding lawful title, respondent No.2 has unlawfully attached the property under Rule 107, ignoring the petitioner’s non-involvement as a borrower or guarantor.”

¶11

1/2

¶12

WPS-21241-2024-speaking.doc

¶13

The corrected Para reads as follows :-

¶14

“2. The unit in question, bearing No.A/31, admeasuring 642 square feet carpet area on the 1^st floor of Ghanshyam Cooperative Industrial Estate Limited, forms the crux of the petition. The Petitioner through the registered Agreement for Sale has purchased the said premises from the Respondent No.5 i.e. Paramount Corporation, who had originally purchased the said premises through an auction sale conducted by the Debt Recovery Tribunal, Mumbai (the DRT) under Section 29 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The petitioner contends that despite holding lawful title, respondent No.2 has unlawfully attached the property under Rule 107, ignoring the petitioner’s noninvolvement as a borrower or guarantor.”

¶15

The order dated 14/01/2025 shall be read alongwith the present order.

¶16

(BHARATI DANGRE, J.)

¶17

(CHIEF JUSTICE)

¶18

2/2

Sanjay K Samantaray v. State of Maharashtra through the Office of the Government Pleader

Case brief

What is this about?

What did the court decide?

Sanjay K Samantaray v. State of Maharashtra through the Office of the Government Pleader

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mumbai Fire Services Union vs Municipal Corporation of Greater Mumbai and Ors.

Kailas Bhagwant Navale vs the State of Maharashtra Throu. Secretary Revenue and Forest Dept and Ors.

Dharamdeep Premises Co-Op. Soc. Ltd. vs the Divisional Joint Registrar Co-Op. Soc, and Ors.

Gala Complex Premises Co-Op Society Ltd. vs Gala Wood Works Throu. Its Partners and Ors.

Delta Central Co. Operative Housing Soc Ltd. vs Balaji Corporation and Ors.

Jyotindra Patel vs Nair Pushpa Sureshkumar and Ors.