Mayur 10-WP-2759-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2759 OF 2026 Pramod Ashtekar & Ors. .. Petitioners Vs. State of Maharashtra & Ors. .. Respondents ... Mr. Nilesh Gala (through VC) a/w Mr. Manish Gala, Mr. Samyak Dedhia for the Petitioners. Ms. Usha Rahi, AGP for Respondent Nos.1 to 3 – State. Mr. Rubin Vakil a/w Ms. Sonam Mhatre, Ms. Tanya Bhatoraia i/by Dhaval Vussonji & Associates for Respondent No.6. Mr. Pramod Ashtekar, Petitioner No.1, present in person. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 23rd SEPTEMBER, 2026. P.C. : 1. The instant Writ Petition is preferred, inter alia, praying for the following substantive relief: - “a) This Hon’ble Court be pleased to issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, directing Respondent Nos.2 to 4 to forthwith execute Recovery Warrant bearing No.MahaRERA/AO-RW/WARRANT/ 338/ 2024 dated 9th December, 2024 read with Recovery Warrant Bearing No.MahaRERA/AO-RW/ Warrant/374 /2025 dated 21st March, 2025, in accordance with the provisions of Section 40(1) of the Real Estate (Regulation and Development) Act, 2016, for recovery of a sum of 1 MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.09.28 10:48:03 +0530 Mayur 10-WP-2759-2026.doc Rs.52,84,570/- (Rupees Fifty-Two Lakhs Eighty-Four Thousand Five Hundred Seventy Only), calculated as on 30th November 2025, along with further compensation of Rs.60,535/- per month till handover of actual possession of the said Flat to the Petitioners, by attaching and selling the assets (movable and immovable) of Respondent No.6, including the personal assets of their partners and directors;” 2. While entertaining the Writ Petition, we have proceeded to observe that the matter was adjourned in order to facilitate the contesting Respondent No.6 to complete his instructions. In the second session, learned Counsel for the Respondent No.6 has informed that a Demand Draft of Rs.70,00,000/- (Rupees Seventy Lakhs only) is already handed over to the Petitioner No.1, who is present in the Court, and in addition thereto, a cheque amounting to Rs.10,00,000/- (Rupees Ten Lakhs only) is also handed over to the Petitioner No.1 and he assures the Court that the same would be cleared the moment it is presented before the Bank concerned. 3. The Petitioners have also instituted a RERA Appeal. As the grievance of the Petitioners is already redressed at this stage, the learned Counsel for the Respondent No.6 prays that the Petitioners may be asked to withdraw the appeal which is stated to be pending before the Appellate Tribunal. So far as other issues qua the Attachment/Recovery warrants dated 9th December 2024 and 21st 2 Mayur 10-WP-2759-2026.doc March 2025 and/or Sale Warrant issued against the Petitioners is concerned, the same may also be set aside, upon redressal of the grievance of the Petitioner. 4. Considering the factual situation as emerged above, we find that as the grievance of the Petitioner is now already redressed. Accordingly, the warrant of attachment and/or warrant of sale arising out of the RERA proceedings are set aside. We further observe that the appropriate application for withdrawal of on going Appeal before the RERA Appellate Tribunal in view of the undertaking furnished by the Petitioner be filed within a weeks’ time from the date of uploading of this Order and in view thereof, we request to the Tribunal to pass an Order on the said application. Accordingly, the instant Writ Petition stands Disposed Of leaving it open to the Petitioner, in case if the situation so warrants, Petitioners will be at liberty to institute an appropriate proceeding in accordance with law. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3