PRAMOD ASHTEKARversusSTATE OF MAHARASHTRA THROUGH THE GOVERNMENT PLEADER

           Digitally signed
           by MAYUR
MAYUR      KONDIRAM
KONDIRAM   ADANE
ADANE      Date:
           2026.09.28
           10:48:03 +0530




                              Mayur                                                    10-WP-2759-2026.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION

                                                  WRIT PETITION NO. 2759 OF 2026

                              Pramod Ashtekar & Ors.                            .. Petitioners

                                       Vs.

                              State of Maharashtra & Ors.                       .. Respondents

                                                                ...
                              Mr. Nilesh Gala (through VC) a/w Mr. Manish Gala, Mr. Samyak
                              Dedhia for the Petitioners.
                              Ms. Usha Rahi, AGP for Respondent Nos.1 to 3 – State.
                              Mr. Rubin Vakil a/w Ms. Sonam Mhatre, Ms. Tanya Bhatoraia i/by
                              Dhaval Vussonji & Associates for Respondent No.6.
                              Mr. Pramod Ashtekar, Petitioner No.1, present in person.
                                                                ...

                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                     ADVAIT M. SETHNA, J.

                                             DATE      : 23rd SEPTEMBER, 2026.

                              P.C. :

                              1.             The instant Writ Petition is preferred, inter alia, praying for

                              the following substantive relief: -



                                             “a) This Hon’ble Court be pleased to issue a writ of
                                             mandamus, or a writ in the nature of mandamus, or any
                                             other appropriate writ, order or direction, directing
                                             Respondent Nos.2 to 4 to forthwith execute Recovery
                                             Warrant bearing No.MahaRERA/AO-RW/WARRANT/ 338/
                                             2024 dated 9th December, 2024 read with Recovery Warrant
                                             Bearing No.MahaRERA/AO-RW/ Warrant/374 /2025 dated
                                             21st March, 2025, in accordance with the provisions of
                                             Section 40(1) of the Real Estate (Regulation and
                                             Development) Act, 2016, for recovery of a sum of

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           Rs.52,84,570/- (Rupees Fifty-Two Lakhs Eighty-Four
           Thousand Five Hundred Seventy Only), calculated as on
           30th November 2025, along with further compensation of
           Rs.60,535/- per month till handover of actual possession of
           the said Flat to the Petitioners, by attaching and selling the
           assets (movable and immovable) of Respondent No.6,
           including the personal assets of their partners and
           directors;”

2.         While entertaining the Writ Petition, we have proceeded to

observe that the matter was adjourned in order to facilitate the

contesting Respondent No.6 to complete his instructions. In the

second session, learned Counsel for the Respondent No.6 has

informed that a Demand Draft of Rs.70,00,000/- (Rupees Seventy

Lakhs only) is already handed over to the Petitioner No.1, who is

present in the Court, and in addition thereto, a cheque amounting to

Rs.10,00,000/- (Rupees Ten Lakhs only) is also handed over to the

Petitioner No.1 and he assures the Court that the same would be

cleared the moment it is presented before the Bank concerned.



3.         The Petitioners have also instituted a RERA Appeal. As the

grievance of the Petitioners is already redressed at this stage,           the

learned Counsel for the Respondent No.6 prays that the Petitioners

may be asked to withdraw the appeal which is stated to be pending

before the Appellate Tribunal. So far as other issues qua the

Attachment/Recovery warrants dated 9th December 2024 and 21st

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March 2025 and/or Sale Warrant issued against the Petitioners is

concerned, the same may also be set aside, upon redressal of the

grievance of the Petitioner.

4.      Considering the factual situation as emerged above, we find that

as the grievance of the Petitioner is now already redressed.

Accordingly, the warrant of attachment and/or warrant of sale arising

out of the RERA proceedings are set aside. We further observe that

the appropriate application for withdrawal of on going Appeal before

the RERA Appellate Tribunal in view of the undertaking furnished by

the Petitioner be filed within a weeks’ time from the date of uploading

of this Order and in view thereof, we request to the Tribunal to pass

an Order on the said application. Accordingly, the instant Writ

Petition stands Disposed Of leaving it open to the Petitioner, in case if

the situation so warrants, Petitioners will be at liberty to institute an

appropriate proceeding in accordance with law.



[ADVAIT M. SETHNA, J.]                            [CHIEF JUSTICE]




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