ZUBER AHMED KHALIL KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioner has challenged an order dtd. 28/11/2025 passed by the Chief Judicial Magistrate, Thane on the basis of which the petitioner is likely to be physically dispossessed. It is the case of the petitioner that the said order was obtained from the Magistrate by the respondent No.3 Bank of India (secured creditor) on the basis of fraud and suppression.

(3.) It is contended that respondent No.3 bank deliberately suppressed an earlier order dtd. 1/7/2019 issued by the Additional District Magistrate, Thane which was put to execution on a number of occasions. Merely because the respondent No.3 bank failed to execute the said order of the Magistrate, it was not entitled to again seek invocation of Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act), to obtain the impugned order dtd. 28/11/2025.