Bombay High Court
THE ADMINISTRATOR AGRICULTURAL PRODUCE MARKET COMMITTEEversusSHREE NASHIK PANCHAVATI PANJARPOL TRUST THR ITS MANAGING TRUSTEE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court vacated the freezing order for the two HDFC Bank accounts, conditional upon the petitioner depositing Rs.8.23 crore in the Executing Court, while the other accounts remain frozen.
Summary
The petitioner, the Administrator of an APMC, challenged an order of the Executing Court that froze all fourteen of its bank accounts in connection with an execution petition pending since 2006. The petitioner argued that the freeze crippled its day‑to‑day operations, including payment of salaries to 131 employees and other obligatory expenses. The court noted that the execution petition and the award from the Reference Court remained unsatisfied and that a first appeal on the award was pending before a Division Bench. It was held that, with the consent of the decree holder, the freeze could be lifted for two HDFC Bank accounts provided the petitioner deposited the amount equal to its fixed deposits (Rs.8.23 crore) with the court. Consequently, the order freezing those two accounts was vacated subject to the deposit, while the remaining accounts stayed frozen, and the writ petition was disposed.
Issues considered
- Whether the freezing of all the petitioner’s bank accounts should continue despite the petitioner’s need to meet operational and salary obligations.
- Whether the petitioner can be permitted to operate specific bank accounts upon depositing a specified amount in the Executing Court.
- Whether the freezing order can be partially vacated.
Subjects
- bank account freezing
- execution of decree
- writ petition
- civil appellate jurisdiction
- APMC operations
- fixed deposit
- partial vacatur
Judgment
904-WP-12159-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12159 OF 2026
The Administrator APMC ..Petitioner
Versus
Shree Nashik Panchavati Panjarpol Trust & …Respondents
Ors.
Mr. Anil Anturkar, Senior Advocate, a/w Mr. Pramod N Joshi,
Mr. Bipin A Singh, Ms. Gauri Kamat, for the Petitioner.
Mr. Anil Ahuja, a/w Ms. Bhavana Khemani, for Respondents.
Smt. Sulbha Chipade, AGP for Respondent – State.
CORAM : N. J. JAMADAR, J.
DATE : 01st OCTOBER 2026
SAINATH
SANJAY
BODKHE
P.C.:
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.10.03
12:51:08 +0530
1. Heard the learned Counsel for the parties.
2. The challenge in this petition is to an order dated 02 nd
September, 2026 passed by the Executing Court in L.R.
Darkhast No.23/2006 whereby the Executing Court has freezed
all the 14 bank accounts of the Petitioner – Judgment Debtor
No.2.
3. The execution petition has a chequered history as the
award dated 17th March, 2006 passed by the Reference Court
still awaits satisfaction.
SAINATH, PA 1/4
904-WP-12159-2026.DOC
4. At the outset, it is necessary to note that, First Appeal
No.1447/2006 preferred against the award awaits adjudication
before a Division Bench of this Court.
5. The petitioner has preferred this petition as the impugned
order directing the freezing of all its bank accounts has brought
the operations of the Petitioner – APMC, to a grinding halt. In
the statement at Exh.I (pg. 138 of the petition), the petitioner
has furnished the details of the expenses for which the
petitioner is required to operate the bank accounts, including
the payment of the salaries and provident fund contribution of
131 employees of the APMC and other obligatory expenses.
6. In the backdrop of the aforesaid nature of the grievance,
the petitioner was directed to file an affidavit disclosing the
status of the 14 banks accounts which have been ordered to be
freezed by the Executing Court. Pursuant thereto, an additional
affidavit has been filed on behalf of the petitioner. A statement of
the bank accounts is annexed thereto.
7. Mr. Anturkar, the learned Senior Advocate for the
petitioner, submits that, in addition to the two fixed deposits
aggregating to a sum of Rs.08,23,48,867/- (Rupees Eight Crores
Twenty Three Lakhs Forty Eight Thousand Eight Hundred and
Sixty Seven) maintained with HDBC Bank, Panchvati Branch,
SAINATH, PA 2/4
904-WP-12159-2026.DOC
Nashik, substantial amounts are lying to the credit of the
account of the petitioner in the bank accounts maintained with
the Central Bank of India, Nashik Branch and HDFC Bank,
Panchvati Branch (Serial Nos.10 to 12 of the statement).
8. Since the Petitioner – APMC is required to incur
expenditure for its day – today operations and also pay the
salaries of the employees and incur other obligatory expenses,
with the consent of Respondent No.1 – decree holder, the
freezing order shall stand vacated qua the accounts at Serial
No.11 HDFC Bank, Panchvati Branch, IFSC Code :
HDFC0002041, Account No. 50200031852151, (Balance : Rs.
67,53,029.98/-) and Serial No. 12 HDFC Bank, Panchvati
Branch, IFSC Code : HDFC0002041, Account No.
50100240550708, (Balance : Rs. 72,03,851.30/-).
9. The petitioner is permitted to operate the aforesaid two
accounts upon deposit of the amount of Rs.08,23,48,867/-
(Rupees Eight Crores Twenty Three Lakhs Forty Eight Thousand
Eight Hundred and Sixty Seven), standing to the credit of two fix
deposits accounts maintained with HDFC Bank, Panchavati
Branch, in the Executing Court.
SAINATH, PA 3/4
904-WP-12159-2026.DOC
10. It is clarified that, the order of freezing qua the aforesaid
two accounts would be lifted only upon the deposit of the
aforesaid amount in the Executing Court.
11. The Writ Petition stands disposed.
[N. J. JAMADAR, J.]
SAINATH, PA 4/4
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