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2026 DAILYLAW 9132 (BOM)

SABA BABU ALIAS KRISHNA GOVEAKAR AND ANR v. CENTRAL BANK OF INDIA THR ITS AUTH OFFICER/BRANCH MANAGER AND 5 ORS

WP/1251/2026 · 2026-09-16

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Judgment text

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902 WP 1251 2026 vinita IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1251 OF 2026 SABA BABU ALIAS KRISHNA GOVEAKAR AND ANR ... PETITIONER Versus CENTRAL BANK OF INDIA THR ITS AUTH OFFICER/BRANCH MANAGER AND 5 ORS ... RESPONDENT Mr Chaitanya Padgaonkar and Mr Shlok Rai, Advocates for the Petitioner. CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ. DATED :- 16th September, 2026 P.C. 1. Upon going through the Petition, it appears that the Petitioner is seeking a declaration of his rights under Section 8-A of the Mundkar Act. However, the said claim is admittedly pending adjudication before the Mamlatdar of Pernem. 2. It is the case of the Petitioner that an Order dated 11.8.2026 Appointing Receiver under Sections 25 to 29 of the Recovery of Debts and Bankruptcy Act, 1993 was issued by the DRT, Mumbai, pursuant to which, according to the Petitioner, he was dispossessed from the house which he claims to be a mundkar house. 3. The grievance raised by the Petitioner in the present Petition squarely falls within the jurisdiction contemplated under Section 18 of the SARFAESI Act, which provides a remedy of appeal to 16th September, 2026 902 WP 1251 2026 any person aggrieved by any order made by the DRT. 4. In view of the fact that the Petitioner has an efficacious alternative remedy of appeal under Section 18 of the SARFAESI Act, we are not inclined to entertain the present Petition. 5. The Writ Petition is, accordingly, dismissed. AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J. 16th September, 2026 Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 21/09/2026 16:57:36