Bombay High Court

ARJUN HARMOHAN CHOPRAversusSHIVKRUPA SAHAKARI PATPEDHI LTD

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The court held that nothing survived to be adjudicated and therefore disposed of the writ petitions.

Summary

The petitioners – Abhay Harmohan Chopra, Arjun Harmohan Chopra and the Highness Maharaja Sir Jivajirao Scindia Charitable Trust – filed writ petitions challenging orders of a magistrate that allowed Shivkrupa Sahakari Patpedhi Ltd. (a credit society) to recover amounts allegedly due from them. The petitioners were directed to deposit Rs.1,50,000 each with the credit society and claimed that they were the landlords of the premises in question, seeking possession. The credit society’s counsel submitted that possession should not be taken under the magistrate’s orders and that alternative recovery methods should be used if borrowers defaulted. The court noted that the petitioners had already given an undertaking to deposit the amounts and that the landlord claim did not survive the earlier orders. Consequently, the court held that there was nothing left to adjudicate and disposed of all the writ petitions.

Issues considered

The petitioners’ claim of landlord rights over the premises versus the credit society’s right to recover dues
Whether the court can enforce possession of the premises in light of the magistrate’s orders
Whether the petitioners’ undertaking to deposit amounts extinguishes the relief sought

Subjects

writ petition
landlord-tenant
credit society
recovery of dues
possession
civil appellate jurisdiction

Judgment

2026:BHC-AS:39247

              Megha                                               905, 906 & 7_wp_12688_26


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO.12688 OF 2026

              Abhay Harmohan Chopra                              ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                              ...Respondents
                                                WITH
                                WRIT PETITION NO.12524 OF 2026

              Arjun Harmohan Chopra                              ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                      ...Respondents
                                             WITH
                               WRIT PETITION NO.12703 OF 2026

              Highness Maharaja Sir Jivajirao Scindia
              Charitable Trust                                   ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                              ...Respondents
                                           ________________
              Mr. Ganesh Bhat for the Petitioner in WP/12703/2026 and for
              Respondent No.6 in WP/12524/2026 and WP/12688/2026.
              Mr. Prashant Sarwankar with Mr. Pankaj Gaikwad i/b. M/s. Sarwankar &
              Co. for Respondent No.2 in WP/12703/2026 and for Petitioners in
              WP/12524/2026 and WP/12688/2026
              Mr. Kirit Hakani with Ms. Niyati Mankad and Ms. Meetali for Respondent
              No.1 in WP/12703/2026, WP/12524/2026 and WP/12688/2026 .

                                              Page No.1 of 3
                                            24 September 2026
Megha                                               905, 906 & 7_wp_12688_26


Mr. A.I. Patel, Addl. GP with Mr. P.V. Nelson-Rajan, AGP for Respondent-
State in WP/12703/2026.
Mr. Piyush Pandey, ‘B’ Panel counsel for Respondent -State in
WP/12524/2026 and WP/12688/2026.
                             ________________


                                       CORAM: SANDEEP V. MARNE, J.

                                        DATED: 24 SEPTEMBER 2026.


P.C.:


1)      Mr. Sarvankar, the learned counsel appearing for the Petitioner in
Writ Petition Nos.12524 of 2026 and 12688 of 2026, on instructions
makes a statement that the Petitioner shall deposit an amount of
Rs.1,50,000/- with the Respondent-Credit Society within 15 days and a
further amount of Rs.1,50,000/- within one month. Statement is
accepted as an undertaking given tot he Court.


2)      It has transpired that the premises in respect of which orders
dated 12 August 2026 and 20 August 2026 are passed are the tenanted
premises in respect of which Petitioner in Writ Petition No.13703 of
2026 claims to be the landlord. In that view of the matter, Mr. Hakani,
the learned counsel appearing for the Credit Society fairly submits that
physical possession of the premises shall not be taken in pursuance of
the order passed by the learned Magistrate on 12 August 2026 and 20
August 2026. He further submits that in the event borrowers and the
guarantors fail to repay the balance amount to the Credit Society,
alternate means for recovery of the amount shall be adopted.

                                 Page No.2 of 3
                               24 September 2026
                          Megha                                                      905, 906 & 7_wp_12688_26




                          3)          In view of the above position, nothing survives to be adjudicated
                          in the present Petitions and the same are disposed of.




                                                                                 [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.3 of 3
Designation: PA To Honourable Judge                          24 September 2026
Date: 28/09/2026 11:03:32

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