Durriya S. Shahiwala And Ors vs State Of Maharashtra Thr. G. P. And Ors
2026 Latest Caselaw 5231 Bom

Bombay High Court

Durriya S. Shahiwala And Ors vs State Of Maharashtra Thr. G. P. And Ors on 18 May, 2026

2026:BHC-AS:22602-DB

                                                                                    10-WP-6569-2026.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 6569 OF 2026
               Mrs. Durriya S. Shahiwala and Ors.        ... Petitioners
                           Versus
               The State of Maharashtra and Ors.                     ... Respondents
                                          --------------------
               Mr. Ashutosh Kulkarni a/w Mr. Irfan Unwala and Shaheen Kapadia, for the
               Petitioners.

               Mr. Nikhil Rajani i/b M/s. V. Deshpande & Co., for the Respondent No.2.

               Mr. P. P. Kakade, A.G.P. a/w M. S. Srivastava, A.G.P., for the Respondent
               Nos.1 and 4-State.
                                          --------------------
                                        CORAM : GAUTAM A. ANKHAD &
                                                         SANDESH D. PATIL, JJ.

DATE : 18th MAY, 2026. (VACATION COURT) P.C. :

1. The matter was heard for some time during the morning session,

where several queries were put forth by this Court to Mr. Nikhil Rajani,

learned counsel appearing for Respondent No.2 - Bank. The matter was

kept back to enable him to obtain instructions.

2. In the afternoon session, Mr. Nikhil Rajani, on instructions, makes a

statement that Respondent no.2 - Bank shall not take possession of

10-WP-6569-2026.doc

residential flat no. 401, Wing 2B situated on 4 th floor of Tulsi Darshan

building, Village Mamdapur, Taluka Karjat. He further states that before

taking any coercive actions against the Petitioners in respect of the said flat,

Respondent no.2 - Bank shall give at least 14 days prior written notice to

the Petitioners.

3. The aforesaid statement is accepted. In view thereof and considering

that a remedy under Section 17 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 is available

to the Petitioners, this Writ Petition is disposed of with liberty to the

Petitioners to file appropriate proceedings under Section 17 of the Act

before the Debt Recovery Tribunal, Mumbai. Such application shall be filed

within 2 weeks of this order and shall be decided on its own merits. All

rights and contentions of the parties are kept open.

4. Writ Petition No.6569 of 2026 is disposed of in the above terms.

(SANDESH D. PATIL, J.)                       (GAUTAM A. ANKHAD, J.)