Authority: High Court of Judicature at Bombay
Order Date: 09 September 2026
Case Overview
- Petitioners: Manojkumar Sureshchand Lunkad and others (represented by Mr. R.D. Soni, Ms. Sonali Jain, Ms. Anushree Talekar).
- Respondents: Punjab National Bank and its authorized officer, along with auction purchasers (Respondents Nos. 3‑5).
- The petition seeks interim relief to restrain physical possession of a secured flat scheduled for 09/09/2026.
- The Supreme Court, in SLPC No. 31856 of 2026 dated 08/09/2026, permitted filing of an interim application but expressly stated it made no comment on the merits.
- The Bombay High Court had earlier rejected interim relief on 02/09/2026, providing detailed reasons concerning alleged procedural defects, valuation issues, and the petitioners' failure to establish a prima facie case.
- After the 02/09/2026 order, a notice dated 07/09/2026 was issued by the Resident Naib Tehsildar and Executive Magistrate ordering possession on 09/09/2026.
- Respondents filed affidavits alleging that the petitioners obstructed bank officials on 03/09/2026, that the Collector intervened on behalf of higher state authorities, and that possession could not be effected on 03/09/2026 or 04/09/2026.
- The court observed that the petitioners must be given an opportunity to respond to these serious allegations and that the Collector and Resident Naib Tehsildar should be made parties to the writ petition.
Final Outcome
- The interim relief sought by the petitioners is rejected.
- The Collector, Pune and the Resident Naib Tehsildar, Pune are added as Respondent Nos. 6 and 7.
- The newly added respondents are issued notice, returnable on 07/10/2026; they may waive notice and must file reply affidavits by 30/09/2026.
- Petitioners may file an additional affidavit in response to the respondents' affidavits, also by 30/09/2026, with copies served on all parties.
- The writ petition is listed for further consideration on 07 October 2026.
Topics: Interim Relief, Banking Litigation