Disposed¶18

The Mogaveera Co-Operative Bank Ltd. v. the State of Maharashtra through Its Government Pleader

Bombay HC20 Jan 2026WP/4722/2025

Case brief

AI extract

What is this about?

SARFAESI Act 2002 S.14 execution; Chief Metropolitan Magistrate order dated 23/05/2023; police assistance to Court Commissioner; women police force; secured asset possession; co-operative bank; Rule of law; State of Maharashtra; Pawai Police Station; writ petition disposed; deadline 18/02/2026; Bombay High Court OOCJ.

What did the court decide?

Respondent Nos. 1 & 4 to provide proper police assistance (including women police force if necessary) to the Respondent No. 3-Court Commissioner to execute the order dated 23/05/2023 of the Respondent No. 2-Magistrate; possession of the secured asset to be handed over to the Petitioner on or before 18/02/2026. ¶18

The Mogaveera Co-Operative Bank Ltd. vs the State of… — Banking and Recovery | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Respondent-State authorities (Respondent Nos. 1 & 4) should be directed to assist the Court Commissioner (Respondent No. 3) in executing the order dated 23/05/2023 passed by the Chief Metropolitan Magistrate under S.14 of the SARFAESI Act, 2002, and handing over possession of the secured asset to the Petitioner bank

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Court's answer

Keeping such orders in abeyance and the failure of State authorities to assist banks and financial institutions like the Petitioner-Co-operative Bank is against the Rule of law; immediate steps for execution of the Magistrate's order were appropriate.

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Ratio / Principle

Respondent Nos. 1 & 4 are directed to provide proper police assistance to the Respondent No. 3-Court Commissioner, including providing women police force if necessary, to execute the order dated 23/05/2023 passed by the Respondent No. 2-Magistrate.

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Key takeaways

The order shall be executed and possession of the secured asset shall be handed over to the Petitioner on or before 18/02/2026.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 4722 of 2025, decided 9th February 2026 (Manish Pitale & Shreeram V. Shirsat, JJ.) — The Mogaveera Co-operative Bank Ltd v. The State of Maharashtra & Ors. The Petitioner bank sought a limited direction that the State authorities assist the Court Commissioner (Respondent No. 3) in executing the order dated 23/05/2023 passed by the Chief Metropolitan Magistrate (Respondent No. 2) under S.14 of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court, noting the order had lain unexecuted for almost three years, held that keeping such orders in abeyance and failure of State authorities to assist banks and financial institutions is against the Rule of law. Respondent Nos. 1 & 4 were directed to provide proper police assistance, including women police force if necessary, to the Court Commissioner; the order was to be executed and possession of the secured asset handed over to the Petitioner on or before 18/02/2026. Writ Petition disposed of.

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Digitally signed by ANANT ANANT KRISHNA KRISHNA NAIK NAIK Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY 2026.02.10 11:14:16 ORDINARY ORIGINAL CIVIL JURISDICTION +0530

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7.WP.4722.2025.DOC

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WRIT PETITION NO. 4722 OF 2025

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The Mogaveera Co-operative Bank Ltd ....Petitioner V/S The State Of Maharashtra & Ors. ….Respondents

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Adv. Dipali M. Jadhav i/b. SC Legal for the Petitioner. Ms. Varsha Sawant, AGP for the Respondent-State Mr. Sanjay Rane, PSI, Pawai Police station present.

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CORAM: MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

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DATE: 9^th FEBRUARY 2026

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P.C.

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Heard learned Counsel for the Petitioner-Co-operative Bank. By this Petition, the Petitioner is seeking limited direction for the Respondent-State and its authorities to assist the Respondent No. 3-Court Commissioner to execute order dated 23/05/2023 passed by the Respondent No. 2-Chief Metropolitan Magistrate u/s. 14 of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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The learned AGP appearing for the Respondent-State makes a statement that police assistance would be provided to the Court Commissioner and that she has specific instructions with regard to the same. Mr. Sanjay Rane, PSI, Pawai Police station is present in the Court.

Akn

7.WP.4722.2025.DOC

Considering the fact that the Respondent No. 2-Magistrate passed the order almost 3 years ago, we find it appropriate to direct the concerned Respondents to take immediate steps for execution of the said order. Keeping such orders in abeyance and failure on the part of the RespondentState authorities to assist banks and financial institutions like the Petitioner-Co-operative Bank is against the Rule of law.

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In view of the above, Respondent Nos. 1 & 4 are directed to provide proper police assistance to the Respondent No. 3-Court Commissioner, including providing women police force if necessary, to execute the order dated 23/05/2023 passed by the Respondent No. 2-Magistrate.

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