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Bombay High Court

DURRIYA S. SHAHIWALA AND ORSversusSTATE OF MAHARASHTRA THR. G. P. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the bank shall not take possession of the flat and must give at least fourteen days written notice before any coercive action, and the petitioners may invoke Section 17 of the SARFAESI Act before the Debt Recovery Tribunal.

Summary

The petitioners, Mrs. Durriya S. Shahiwala and others, sought a writ to restrain the State of Maharashtra and a bank from taking possession of residential flat No. 401 in Tulsi Darshan building, Karjat. The bank contended it could enforce its security interest, but the Court required it to refrain from possession and to give the petitioners at least fourteen days written notice before any coercive action. The Court noted that the petitioners have a remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and directed them to file an application before the Debt Recovery Tribunal within two weeks. All parties' rights and contentions were kept open. The writ petition was consequently disposed of on these terms.

Issues considered

  • Whether the bank may take possession of the petitioners' flat without prior notice.
  • Whether the petitioners are entitled to relief under Section 17 of the SARFAESI Act, 2002.

Legislation cited

Subjects

  • SARFAESI Act
  • bank possession
  • notice requirement
  • writ petition
  • Debt Recovery Tribunal
  • property enforcement
  • Section 17

Judgment

                                                               10-WP-6569-2026.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 6569 OF 2026
Mrs. Durriya S. Shahiwala and Ors.        … Petitioners
            Versus
The State of Maharashtra and Ors.                    … Respondents
                           --------------------
Mr. Ashutosh Kulkarni a/w Mr. Irfan Unwala and Shaheen Kapadia, for the
Petitioners.

Mr. Nikhil Rajani i/b M/s. V. Deshpande & Co., for the Respondent No.2.

Mr. P. P. Kakade, A.G.P. a/w M. S. Srivastava, A.G.P., for the Respondent
Nos.1 and 4-State.
                           --------------------
                         CORAM : GAUTAM A. ANKHAD &
                                          SANDESH D. PATIL, JJ.

                              DATE   : 18th MAY, 2026.
                              (VACATION COURT)
P.C. :

1.        The matter was heard for some time during the morning session,

where several queries were put forth by this Court to Mr. Nikhil Rajani,

learned counsel appearing for Respondent No.2 – Bank. The matter was

kept back to enable him to obtain instructions.


2.        In the afternoon session, Mr. Nikhil Rajani, on instructions, makes a

statement that Respondent no.2 – Bank shall not take possession of


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                                                               10-WP-6569-2026.doc




residential flat no. 401, Wing 2B situated on 4 th floor of Tulsi Darshan

building, Village Mamdapur, Taluka Karjat. He further states that before

taking any coercive actions against the Petitioners in respect of the said flat,

Respondent no.2 – Bank shall give at least 14 days prior written notice to

the Petitioners.


3.        The aforesaid statement is accepted. In view thereof and considering

that a remedy under Section 17 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 is available

to the Petitioners, this Writ Petition is disposed of with liberty to the

Petitioners to file appropriate proceedings under Section 17 of the Act

before the Debt Recovery Tribunal, Mumbai. Such application shall be filed

within 2 weeks of this order and shall be decided on its own merits. All

rights and contentions of the parties are kept open.


4.        Writ Petition No.6569 of 2026 is disposed of in the above terms.




(SANDESH D. PATIL, J.)                       (GAUTAM A. ANKHAD, J.)




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