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2021 Supreme(Bom) 268

S.J.KATHAWALLA, VINAY JOSHI
IDBI Trusteeship Services Limited – Appellant
Versus
District Collector, Pune – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karl Tamboly a/w Mr. Hrushi Narvekar and Mr. Ryan D’souza, adv
For the Respondent: Mr. A. I. Patel, Addl. Govt. Pleader a/w Ms. K.N. Solunke, Mr. Drupad Patil i/b Mr. Pavan S. Patil, Mr. Akshay Patil i/b K. K. Kandpile, Mr. Manoj Badgujar i/b Mr. Akshay P. Shinde, Mr. Sarnath Sariputta, adv

JUDGMENT :

S.J. KATHAWALLA & VINAY JOSHI, JJ.

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner has challenged the auction sale of immovable property being a parcel of land bearing Survey No. 95 Hissa No. 3, situated at Chovisawadi, Taluka Haveli, District Pune, admeasuring 0 Hectares 49.66 Ares (“the said Property”), of which the Petitioner is a Mortgagee, by Respondent No. 1 (District Collector, Pune) and Respondent No. 2 (Additional Tehsildar, Pimpri Chinchwad, Pune), in favour of Respondent Nos. 3 and 3A, in order to recover amounts payable by Respondent No. 4 to the Respondent Nos. 10 to 15, under Orders passed by Respondent No. 9 (Maharashtra Real Estate Authority) under the provisions of the Real Estate (Regulation and Development) Act, 2016.

3. The Petitioner is a Trusteeship Company in whose favour the said Property has been mortgaged. Respondent Nos. 1 and 2 are the revenue authorities who have conducted the auction sale of the said Property. Respondent Nos. 3 and 3A are the Auction Purchasers of the said Property. Respondent No. 4 is the Original Owner of

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