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Bombay High Court

SUKHBIR KAUR W/O IQBAL SINGHversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner may file an objection before the Designated Court under Section 7(3) of the MPID Act, and the High Court should not intervene in the attachment process.

Summary

The petitioner, Sukhbir Kaur, sought a direction from the Bombay High Court to prevent the State of Maharashtra from attaching properties listed in two notifications issued under Section 4(1) of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999. She contended that the properties were in her name and not those of her husband or son, who are directors of a defaulter company. The Court noted that the MPID Act provides a procedure for affected persons to raise objections before the Designated Court before an attachment becomes absolute, under Section 7(3). It held that the petitioner is free to approach the Designated Court to assert her exclusive ownership and that the High Court should not intervene in the attachment process. The Court also clarified that the Supreme Court‑appointed Committee for NSEL decree execution will consider any objection and the Designated Court’s decision. Consequently, the writ petition was disposed without granting the relief sought.

Issues considered

  • Whether the High Court can direct the State to raise attachment of the petitioner’s properties when the MPID Act provides a specific remedy before the Designated Court.
  • Whether the petitioner is entitled to raise an objection to the attachment under Section 7(3) of the MPID Act before the attachment becomes absolute.
  • Whether the order of this Court would affect the functioning of the Supreme Court‑appointed Committee for execution of NSEL decrees.

Legislation cited

Subjects

  • attachment
  • MPID Act
  • Designated Court
  • objection
  • property rights
  • NSEL
  • writ petition
  • high court jurisdiction

Judgment

NISHA                 Digitally signed by
                      NISHA SANDEEP
SANDEEP               CHITNIS
                      Date: 2026.09.05
CHITNIS               12:26:26 +0530
                                                                         903-wp.1462.2026.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO.1462 OF 2026

                 Sukhbir Kaur W/o Iqbal Singh                      ...Petitioner
                      Versus
                 The State of Maharashtra and Ors.                 ...Respondents

                 Mr. Sanjiv Punalekar with Mr. Sachin Kanse, Ms. Ekta Rajpurohit i/b
                 Mr. Sachin Kanse for the Petitioner.

                 Ms. Leena Patil, Special Public Prosecutor with Ms. Sangeeta Shinde,
                 A.P.P. for Respondent Nos.1 and 2-State.

                 Mr. Arvind Lakhawat with Mr. Nimeet Sharma i/b MZM Legal LLP,
                 for the Respondent No.3 – National Spot Exchange Ltd. (NSEL)

                 API – Bharat Mane, Unit – 14, NSEL, EOW, Mumbai, is present.

                                                    CORAM: BHARATI DANGRE &
                                                           ASHISH S. CHAVAN, JJ.

                                                  DATE   : 2nd SEPTEMBER 2026
                 P.C. :

                 1.                The petitioner, Sukhbir Kaur, wife of Iqbal Singh, has

                 invoked the jurisdiction of this Court seeking a direction against the

                 respondent-State to raise the attachment on the properties set out in

                 Exhibit-F, which form part of two Notifications issued by the

                 Government of Maharashtra by invoking Section 4(1) of the


 N. S. Chitnis                                                                           1/5
                                                                        903-wp.1462.2026.doc


                Maharashtra Protection of Interest of Depositors (In Financial

                Establishments) Act, 1999 (“MPID Act”). The properties purportedly

                attached are covered by two Notifications, namely, the Notifications

                dated 31st March 2017 and 11th April 2016, respectively.

                           The claim of the petitioner is that the properties stand in

                her own name and that she is in no way concerned with the

                Notifications issued by the State Government in the wake of the

                defaults committed by various companies towards the National Spot

                Exchange Limited (“NSEL”), and the offences registered by the

                Economic Offences Wing (“EOW”) invoking various provisions of the

                Indian Penal Code as well as the MPID Act.

                           According to the petitioner, her husband and son are

                alleged to be Directors of Namdhari Foods International Private

                Limited, which is also shown as a defaulter in the Notifications. It is,

                however, her specific contention that the properties attached are not

                properties standing in the name of the Directors of Namdhari Foods

                International Private Limited, but stand in her name.




N. S. Chitnis                                                                           2/5
                                                                      903-wp.1462.2026.doc




                2.          We confronted Mr. Punalekar, learned counsel appearing

                for the petitioner, with the remedy available to him before the

                Designated Court in respect of the attachment. Upon the Notification

                being issued and before the attachment is made absolute, a procedure

                is contemplated whereby the Designated Court is required to issue

                notice to any other person whose property is attached and vested in

                the Competent Authority by the Government under Section 4, calling

                upon such person to show cause as to why the order of attachment

                should not be made absolute.

                            Section 7(3) of MPID Act also contemplates that any

                person claiming an interest in the property attached or any portion

                thereof may, notwithstanding that no notice has been served upon him

                under the said Section, make an objection in respect thereof before the

                Designated Court at any time before an order is passed under sub-

                section (4) or sub-Section (6), i.e. before the attachment is made final.




N. S. Chitnis                                                                         3/5
                                                                   903-wp.1462.2026.doc




                              In these circumstances, in our view, since the State

                Government has already initiated proceedings making the attachment

                in the two Notifications absolute, and the attachments are not yet

                made absolute, it is open to the petitioner to approach the Designated

                Court and raise an objection that the properties attached belong

                exclusively to her. Upon such objection being raised, the Designated

                Court is duty-bound to consider the same and decide the objection in

                accordance with law.

                              At this stage the learned counsel representing the NSEL

                submits that this order shall not, in any manner come in the way of

                Supreme Court appointed Committee for attachment               of the

                properties.    We, therefore, deem it appropriate to clarify that the

                Committee appointed by the Supreme Court for execution of the

                decrees obtained by the NSEL, definitely will take a call depending

                upon the objection that is filed and the pronouncement from the

                Designated Court on the said objection.




N. S. Chitnis                                                                      4/5
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                         With the above directions, the Writ Petition is disposed of.




                ASHISH S. CHAVAN, J.                    BHARATI DANGRE, J.




N. S. Chitnis                                                                      5/5


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