Bombay High Court
ABHAY HARMOHAN CHOPRAversusSHIVKRUPA SAHAKARI PATPEDHI LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that, in view of the petitioners' undertaking and the absence of any surviving issue, there was nothing left to adjudicate and the writ petitions were disposed.
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 affected their claim of ownership over certain tenanted premises. The credit society, Shivkrupa Sahakari Patpedhi Ltd., sought recovery of dues and the petitioners were directed to deposit Rs.1,50,000 in two installments as an undertaking to the court. The petitioners contended that they were the landlords and that the magistrate’s orders should not result in loss of possession. The learned counsel for the credit society argued that physical possession should not be taken and that alternative recovery measures should be employed if borrowers default. The court observed that, given the deposit undertaking and the lack of any surviving issue, there was nothing left to adjudicate. Consequently, the court disposed of all the writ petitions.
Issues considered
- What is the effect of the petitioners' undertaking to deposit amounts on the pending writ petitions?
- Whether the court can enforce physical possession of the premises in favour of the credit society despite the petitioners' claim of landlordship?
- Whether any further relief can be granted when the underlying dispute has been effectively resolved.
Subjects
- Writ Petition
- Credit Society
- Landlord-tenant dispute
- Possession
- Recovery of dues
- Court disposal
Judgment
2026:BHC-AS:39246
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 11:02:38
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