Anand S/O Ramrao Gohokar vs Icici Bank Ltd., Nagpur — Bombay HC (2026) — LawSathi Research

Anand S/O Ramrao Gohokar vs Icici Bank Ltd., Nagpur — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection pending notice: the respondent-Bank stands restrained from taking any coercive action pursuant to the Possession Notice dated 13.02.2026; notice ordered to the respondent, returnable after two weeks, with service by private mode additionally permitted and affidavit of service to be filed by the next date. The writ petition itself remains pending.

Issue for consideration

Whether the Trial Court's order dated 18.02.2026 rejecting the petitioner's application for ad-interim injunction in respect of Flat No. T-4, 3rd Floor, MAA LAXMI APARTMENT should be interfered with in this writ petition. +1 more

Ratio / Principle

Having regard to the likelihood of disturbance of the petitioner's possession of Flat No. T-4, MAA LAXMI APARTMENT, the matter was taken up for urgent hearing.

Key takeaways

Notice was ordered to the respondent, returnable after two weeks, having regard to the controversy involved.ratio¶5
The petitioner was permitted to serve the respondent by private mode in addition to the regular mode of service, and to file an affidavit of service by the next date.ratio¶6
In the meantime, i.e., pending returnability of the notice, the respondent-Bank was restrained from taking any coercive action pursuant to the Possession Notice dated 13.02.2026.ratio

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Writ Petition No. 1622 of 2026 — Anand s/o Ramrao Gohokar v. ICICI Bank Ltd. (Khubalkar J., 20.02.2026) (interim order). The petitioner, asserting ownership of Flat No. T-4, 3rd Floor, MAA LAXMI APARTMENT on the basis of a Sale Certificate and consequent Sale Deed executed by Allahabad Bank, City Office Branch, Manewada, Nagpur, challenges the Trial Court's order dated 18.02.2026 rejecting his application for ad-interim injunction. Counsel submitted that although proceedings before the Debts Recovery Tribunal, Nagpur, initiated by ICICI Bank Ltd. against Allahabad Bank (with connected Writ Petition No. 7083/2019 pending before this Court) were pending, the Bank had initiated proceedings under Section 14 of the SARFEASI Act, 2002 [sic], and possession of the petitioner's flat was likely to be taken on 20.02.2026 pursuant to a Possession Notice dated 13.02.2026. Taking up the matter for urgent hearing, the Court ordered notice to the respondent returnable after two weeks, permitted additional service by private mode with affidavit of service by the next date, and directed in the meantime that the respondent-Bank be restrained from taking any coercive action pursuant to the Possession Notice dated 13.02.2026. All concerned to act on the authenticated copy of the order.

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 Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. T.U. Tathod, Advocate for the Petitioner.

CORAM: PRAFULLA S. KHUBALKAR, J . DATED : 20th FEBRUARY, 2026

Heard learned counsel for the petitioner.

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 3^rd Floor of building known as “MAA LAXMI APARTMENT”. Therefore, the matter is taken up for urgent hearing.

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

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 .

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

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.

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

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

(PRAFULLA S. KHUBALKAR, J.)

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