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Bombay High Court

BHARATI VIDYANAND MULIKversusTHE AUTHORIZED OFFICER SARASWAT CO OPERATIVE BANK LTD. AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as the petitioner failed to arrange the required funds, and the interim order is terminated.

Summary

Bharati Vidyanand Mulik filed a writ petition seeking to restrain Saraswat Co-operative Bank Limited from taking physical possession of her flat, which was the secured asset for a defaulted loan. The High Court initially granted an interim order and, upon extensions, directed the petitioner to deposit Rs.10 lakhs with the bank to continue the protection. The petitioner later admitted she could not arrange any further funds despite earlier assurances. The bank indicated that, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, it would issue notice before proceeding with enforcement. Considering the petitioner’s inability to meet the financial condition and the vacant status of the property, the Court dismissed the writ petition, allowing the petitioner to approach the bank in the future if she secures funds.

Issues considered

  • Whether the petitioner must deposit a specified amount to continue the interim order restraining possession of the secured asset
  • Whether the court can dismiss a writ petition when the petitioner fails to arrange funds to satisfy the bank’s claim
  • Application of the SARFAESI Act, 2002, in the enforcement of security interest against the petitioner

Legislation cited

Subjects

  • loan default
  • secured asset
  • interim relief
  • SARFAESI Act
  • writ petition
  • bank possession
  • deposit requirement

Judgment

                                                                                        924_WP_14110_25.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 14110 OF 2025


                             Bharati Vidyanand Mulik                              …      Petitioner
                                  vs.
                             The Authorized Officer,
                             Saraswat Co-operative Bank Limited and others        …      Respondents

                             Mr. Kaustubh Kandpile a/w. Mr. Jayesh Kalebere for petitioner.
                             Mr. Nikhil Rajani (through VC), i/b. V. Deshpande & Co. for respondent
                             No.1 – bank.

                                                               CORAM :      MANISH PITALE &
                                                                            SHREERAM V. SHIRSAT, JJ
                                                               DATE     :   29th SEPTEMBER, 2026


                             P.C. :


                             .        In this petition, this Court had shown indulgence by
                             entertaining the same at the behest of the petitioner, in the peculiar
                             facts and circumstances noted in the order dated 08.04.2026, when
                             notice was issued. Subsequently, an interim order was granted,
                             restraining respondent No.1 – bank from taking physical possession
                             of the subject property.


                             2.       As an admitted position on fact, it was also noted that even the
                             petitioner is not in possession of the subject property. But, this Court
                             continued to show indulgence in the subsequent orders on
                             representation made by the petitioner that she would take efforts to
                             arrange for funds from her friends and relatives to repay the
                             outstanding amount due and payable to respondent No.1 – bank. The
                             interim order was continued from time to time.

          Digitally signed
          by PRIYA
PRIYA  KAMBLI
KAMBLI Date:
       2026.09.29
          18:54:50 +0530                                                                                1/3
                                                          924_WP_14110_25.doc




3.        On 22.09.2026, this Court passed the following order:


     ‘.      This petition has been adjourned from time to time
             to enable the petitioner to arrange for funds, so as
             to close the loan account. In the order dated 6th
             August 2026, the respondent No.1-bank had
             informed that as on 9th July 2026, the amount due
             was Rs.23,20,633/-.
     2.      The learned counsel for the petitioner, on
             instructions, makes a statement that till date, the
             petitioner has been able to arrange for about Rs.12
             lakhs and that she would need further time to
             arrange for the balance amount and therefore, this
             Court may consider granting further time.
     3.      We are of the opinion that even if further time is to
             be granted to the petitioner, she should show her
             bonafide by depositing specific amount for
             continuation of the interim order. We are of the
             opinion that such a direction is necessitated in the
             face of the admitted fact that the secured asset,
             being a flat, is presently vacant and it is not
             occupied even by the petitioner herself. We had
             indicated that the petitioner can be directed to
             deposit the amount of Rs.10 lakhs with the
             respondent No.1-bank for continuation of the
             interim order, while she arranges for the balance
             amount.
     4.      The learned counsel for the petitioner seeks short
             adjournment in this regard.
     5.      List on 29th September 2026, in the supplementary
             list.
     6.      The interim order shall continue to operate till
             then.’


4.        Today, when the petition is taken up as directed in the
supplementary list, the learned counsel for the petitioner, on
instructions, makes a statement that the petitioner is unable to
arrange for any further amount, as her friends and relatives indicated
that they will not be able to help her any longer. It is obvious that the

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               petitioner would not be able to make good the amount payable to
               respondent No.1 – bank.


               5.    The learned counsel for the petitioner submits that in this
               situation, if this Court is no longer inclined to entertain the present
               petition, it may be indicated that in future, if the petitioner is able to
               arrange for funds, it may be open for her to approach respondent
               No.1 – bank to settle the loan account, so that consequential relief
               can follow.


               6.    The learned counsel appearing for respondent No.1 – bank
               submits that if the petitioner is able to arrange for funds in future,
               she can approach the said respondent. It is indicated that in any
               event, as per law, notice will be issued before the said respondent
               proceeds to take further steps under the provisions of the
               Securitisation   and    Reconstruction     of   Financial     Assets      and
               Enforcement of Security Interest Act, 2002.


               7.    In view of the above, the writ petition is dismissed. Pending
               applications, if any, also stand disposed of.


               8.    It is made clear that dismissal of the writ petition will not
               come in the way of the petitioner approaching respondent No.1 –
               bank in future, in case funds are arranged for repayment of dues of
               the said respondent.




               (SHREERAM V. SHIRSAT, J.)                          (MANISH PITALE, J.)




Priya Kambli
                                                                                           3/3


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