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2026 Supreme(Bom) 254

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Shekhar Champalal Pagaria through Proprietor – Appellant
Versus
CFM Assets Reconstruction Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Ms. Ayodhya Patki a/w. Mr. Vallabh Tokekar and Mr. Akash Kotecha for Petitioners.
For the Respondent: Mr. Nikhil Rajani a/w. Mr. Ajay Deshmane i/b. V. Deshpande & Co. Mr. Darshit Jain a/w. Mr. Parth Mehta, Mr. Anurag Kalavatiya and Mr. UditRaghuwanshi i/b. Mr. Bhavesh Joshi

ORDER :

Manish Pitale, J.

The establishment of the Circuit Bench at Kolhapur has led to a specific question being raised on behalf of the petitioners to the effect that the present petition, originally filed and registered at the Principal Seat of this High Court, upon establishment of the Circuit Bench at Kolhapur ought to be transferred to the Circuit Bench. It is claimed that upon establishment of the Circuit Bench at Kolhapur and in the light of Rule 3A of the Bombay High Court Appellate Side Rules (for short the 'said Rules'), the Principal Seat of this Court no longer has jurisdiction to consider and deal with this petition. The said question does not concern the merits of the present petition. But, a brief reference to the chronology of events leading upto filing of this petition becomes necessary to understand the context in which the rival submissions have been made.

2. The petitioner No.1 is a proprietary firm, which took certain credit facilities from Janata Sahakari Bank Limited, for which purpose petitioner Nos.2 to 4 mortgaged certain properties. The loan account was declared as 'NPA' and proceedings under the Securitisation and Reconstruction of Financial. Assets and En

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