MARIYAM RANGWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 20/8/2025, the petitioners found themselves physically thrown out of flat bearing No.202 located at plot No.5, New Jamali Co-operative Housing Society Limited, Saifee Park, Church Road, Andheri (East), Mumbai 400059 (hereinafter referred to as the said flat), which had been their residence for eight long years, at the behest of respondent No.2 Saraswat Co-operative Bank Ltd. (hereinafter referred to as the respondent Saraswat Bank), despite having purchased the said flat in an auction sale conducted by respondent No.3 State Bank of India (hereinafter referred to as the respondent SBI), way back in the year 2017, wherein the petitioners had paid their hard-earned money as bid amount and consideration for the said flat. The sudden turn of events, whereby the petitioners found themselves thrown out of the said flat, propelled them to invoke writ jurisdiction of this Court by filing the present petition. On 4/9/2025, a Division Bench of this Court, while issuing notice in this petition, granted limited ad-interim relief in the form of a direction to the respondent Saraswat Bank not to alienate the said flat. The ad-interim order has continued to operate during the pendency of this petition.

(2.) The original owner and title-holder of the said flat took credit facilities from both respondent Saraswat Bank and respondent SBI, by providing the very same flat as security. The competing claims of the aforesaid respondents banks and assertion thereof, has resulted in the drastic consequence of the petitioners finding themselves thrown out of the said flat, which they had called their home, after eight years of peaceful residence therein. It would be appropriate to appreciate the chronology of events that led to filing of the present writ petition.

(3.) On 6/12/1985, the original borrower purchased the aforesaid flat by way of a registered document. On 22/7/1989, the co-operative housing society wherein the flat is located, issued share certificate in favour of the borrower. In the year 2004, a proprietorship of the borrower i.e. Hi Tech Polyplast Industries availed various credit facilities from the respondent SBI to the tune of 3,23,60,000/-. In that context, on 25/9/2004, a mortgage was created by the borrower by depositing documents with respondent SBI as title deeds of the said flat. The aforesaid security interest was admittedly registered with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) on 21/3/2012.