Bombay High Court
Ashay Arvindbhai Shah vs State Of Maharashtra Thru G P And Ors on 13 May, 2026
Digitally signed
8-IA-3626-2026 (C) .doc
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.13
20:40:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3626 OF 2026
IN
WRIT PETITION NO. 5859 OF 2026
Ashay Arvindbhai Shah ...Petitioner
Versus
State of Maharashtra Thru G.P. And Ors. ...Respondents
__________
Mr. Kunal Damle, for the Applicant in IA/3626/2026.
Mr. Nadeem Khan for Bank (Thr. VC) in WP/5859/2026 for Petitioner.
Smt. Pooja Patil, AGP, for the Respondent Nos.1 to 5 - State.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 13 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned counsel for the Applicant.
2. With the assistance of the learned counsel appearing before us, we have perused the record. Our attention is drawn to the order dated 6 May 2026. Certain categorical observations have been made in the order, more particularly, paragraphs 4, 9 and 10 which read thus:-
"4. We find that Respondent Nos. 7, 8, 9 and 11 have shown utmost disregard for the orders passed by the Magistrate under Section 14 and also to the orders passed by this Court and have continued their acts of defiance. No indulgence, therefore, deserves to be shown to such borrowers who disregard the rule of law.
9. It is made clear that if the directions issued hereinabove are not complied with the Respondent No. 5 i.e Senior Inspector of Police, Vishrambaug Police Station and Respondent No. 3, Pallavi Page 1 of 2 ::: Uploaded on - 13/05/2026 ::: Downloaded on - 13/05/2026 21:14:20 ::: 8-IA-3626-2026 (C) .doc the resident Nayab Tahsildar, Haveli, Pune shall personally remain present on the next date in this Court to give an explanation as to why possession could not be taken on the specified date and what further steps have been taken pursuant to registration of FIR.
10. It is further made clear that if the Respondent Nos. 7, 8, 9 and 11 again try to trespass into the said property, they will be hauled up for contempt of court and will be saddled with exemplary costs as such recalcitrance cannot be tolerated any further. It high time that the Respondent Nos.7, 8, 9 and 11 realize that the majesty of law will be upheld at all costs and further erosion of law will be dealt sternly and will not be tolerated under any circumstances."
3. In view of the above, we are not inclined to pass any orders at this stage.
4. List the matter before the Regular Court. [SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.] Pallavi Page 2 of 2 ::: Uploaded on - 13/05/2026 ::: Downloaded on - 13/05/2026 21:14:20 :::