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Rajendra Kumar Mishra v. State of Maharashtra Thru Pp and Ors.

Bombay HC16 Apr 2026WP/4789/2026

Case brief

AI extract

What is this about?

Bombay HC, Writ Petition 4789/2026, decided 16.04.2026 — urgent ad-interim/interim relief withheld pending proof of service on Respondent No. 2, secured creditor (SARFAESI Act 2002 proceedings; Tahsildar Mira Bhayander possession notice for 22.04.2026); petitioner's S.80 CPC waiver application rejected 27.03.2026; petition adjourned to 18.04.2026 with affidavit-of-service directions.

What did the court decide?

No interim relief granted or considered at this stage; petition adjourned and listed under the same category of fresh matters on 18th April, 2026 (working Saturday), with directions to the petitioner to place on record an affidavit of service with proof of service upon the respondents and to inform Respondent No. 2 (secured creditor) of the next date of listing. ¶21

Rajendra Kumar Mishra vs State of Maharashtra Thru Pp… — Banking and Recovery | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should consider the petitioner's prayer for urgent ad-interim/interim relief in the writ petition, having regard to the claimed private service on the respondents and the absence of satisfactory proof of notice to Respondent No. 2 (secured creditor).

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Court's answer

Unless satisfied that proper notice has been given to Respondent No. 2 (secured creditor), the Court would not even consider the prayer for urgent ad-interim/interim relief.

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Ratio / Principle

The petition is to be listed under the same category of fresh matters on 18th April, 2026 (working Saturday); in the meanwhile the petitioner shall place on record an affidavit of service along with proof of service upon the respondents.

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Key takeaways

The predicament in which the petitioner finds himself is partly his own creation, as he added State authorities as parties to the suit, leading to complications.obiter¶19
The petitioner shall further inform Respondent No. 2 about the next date of listing of the petition.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court (Manish Pitale & Shreeram V. Shirsat, JJ.), Writ Petition No. 4789 of 2026, 16 April 2026 — Rajendra Kumar Mishra v. State of Maharashtra Thru Pp and Ors. The petitioner, who has a pending civil suit for declaration of title and cancellation of certain registered instruments on the ground of fraud, and whose application for waiver of notice under Section 80 CPC (to join State authorities as defendants) was rejected on 27/03/2026 with a direction to comply with Section 80, sought urgent ad-interim/interim relief on the ground that the respondent Tahsildar, Mira Bhayander, by notice issued on 01/04/2026, scheduled taking of physical possession of the subject property on 22/04/2026 pursuant to proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by Respondent No. 2 (secured creditor). The Court observed that the petitioner's predicament was partly his own creation due to his joining of State authorities in the suit, and held that it would not even consider the interim-relief prayer unless satisfied that proper notice had been given to Respondent No. 2. The petition was listed for 18 April 2026 (working Saturday), with directions to file an affidavit of service with proof of service upon the respondents and to inform Respondent No. 2 of the next date.

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20-WP-4789-2026.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4789 OF 2026

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Rajendra Kumar Mishra .. Petitioner V/S. State of Maharashtra Thru Pp and Ors .. Respondents

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Ms. Maniksha Sharma, for the Petitioner.

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Ms. G, R, Raghuvanshi, AGP for Respondent No. 1 -State.

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Mr. Ashutosh Gole for Respondent No. 8.

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CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 16TH APRIL 2026.

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PC:

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Heard learned counsel for the petitioner for some time.

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It is claimed that the respondents have been privately served, including Respondent No. 2, i.e. the secured creditor, who is likely to take possession of the subject property, in pursuance of proceedings undertaken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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We find that the petitioner has also filed a suit before the concerned Civil Court challenging the actions of the respondents, seeking a declaration of title and also for cancellation of certain registered instruments on the ground of fraud. It appears that the petitioner was advised to join certain

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authorities of the State as defendants in the suit, necessitating an application for waiver of notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) to the defendant State authorities. The application was rejected by an order dated 27/03/2026 passed by the concerned Civil Court and the petitioner (plaintiff) was directed to comply with the requirement of Section 80 of the CPC.

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Extreme urgency is projected on behalf of the petitioner on the ground that recently, on 01/04/2026, the respondent Tahsildar, Mira Bhayander has issued a notice about taking physical possession of the subject property on 22/04/2026.

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We are of the opinion that the predicament in which the petitioner finds himself is partly his own creation, as he added State authorities as parties to the suit, leading to complications.

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Nonetheless, we are of the opinion that unless we are satisfied that proper notice has been given to Respondent No. 2 (secured creditor), it would not be appropriate to even consider the prayer for urgent ad-interim/interim relief.

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In view of the above, list this petition under the same category of fresh matters on 18^th April, 2026 (working Saturday). In the meanwhile, the petitioner shall place on record an affidavit of service along with proof of

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service upon the respondents. Additionally, the petitioner shall further inform Respondent No. 2 about the next date of listing of this petition.

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(SHREERAM V. SHIRSAT, J.)

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(MANISH PITALE, J.)