Bombay High Court
M/S OMSHANTI PACKAGING COMPANY THRO. ITS PROP. SANTOSH D. BARVEversusTHE BRANCH MANAGER PUNE DIST. CENTRAL CO-OP. BANK LTD.
- Decided
- Disposal
- Disposed Off
Holding
The Court stayed the handover of possession of the mortgaged property until a reasoned order is passed after the hearing on the stay application.
Summary
M/s. Omshanti Packaging Company filed a writ petition seeking a stay of the handover of a mortgaged property to the Special Recovery Officer of Pune District Central Co-operative Bank. The petitioners argued that the execution of possession was premature and sought relief pending a detailed hearing. The Court directed that the matter be listed before the Divisional Joint Registrar, Co-operative Societies on 8 June 2026 for consideration of the stay application. It further ordered that the Executive Magistrate‑Tahsildar (Respondent No.5) shall not transfer possession of the property to the bank until a reasoned order is passed, with the order to be delivered within eight weeks of the hearing. The petition was disposed of on these terms, effectively granting a temporary stay of execution.
Issues considered
- What is the appropriate jurisdiction and authority to stay the execution of possession of a mortgaged property pending a hearing?
Subjects
- stay of execution
- mortgage
- possession
- writ petition
- civil appellate jurisdiction
- co-operative bank
- property
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6644 OF 2026
M/s. Omshanti Packaging Company,
Through its Proprietor: Santosh D. Barve .. Petitioner
Vs.
The Branch Manager,
Pune District Central Co-op. Bank Ltd. and Ors. .. Respondents
Mr. Nachiket Khaladkar, Advocate for the Petitioner.
Ms. Kavita N. Solunke, Additional Government Pleader with Mr. V.G.
Badgujar, Assistant Government Pleader for Respondent Nos.3 to 5.
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 18TH MAY 2026
[ VACATION COURT ]
P.C. :
1. Ms. Solunke, learned Additional Government Pleader for
Respondent nos.3 to 5, on instructions, makes a statement that
Respondent no.3-Divisional Joint Registrar, Co-operative Societies shall
hear the Stay Application on 8 th June 2026. The parties are at liberty to
file their written submissions.
2. In view of the statement and until a reasoned order is passed,
Respondent no.5-Executive Magistrate-Tahsildar shall not handover
possession of the mortgaged property to Respondent no.2-Special
Recovery Officer, Pune District Central Co-op. Bank. Respondent no.5
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13-WP-6644-2026.doc Dixit
shall pass the order expeditiously and in any case within a period of eight
weeks from the date of the hearing.
3. Writ Petition no.6644 of 2026 is disposed of in the above terms.
[ SANDESH D. PATIL, J.] [GAUTAM A. ANKHAD, J.]
Digitally
signed by
SNEHA
SNEHA ABHAY 2/2
ABHAY DIXIT
Date:
DIXIT 2026.05.19
13-WP-6644-2026.doc Dixit
16:21:16
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