M/S. SHEKHAR CHAMPALAL PAGARIA THRU. PROP. AND ORS vs CFM ASSETS RECONSTRUCTION PVT LTD AND ORS

Judgment text excerpt

WP10011_25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10011 OF 2025 M/s. Shekhar Champalal Pagaria through Proprietor and others … Petitioners Vs. CFM Assets Reconstruction Pvt. Ltd. and others … Respondents Ms. Ayodhya Patki a/w. Mr. Vallabh Tokekar and Mr. Akash Kotecha for Petitioners. Mr. Nikhil Rajani a/w. Mr. Ajay Deshmane i/b. V. Deshpande & Co. for Respondent No.1. Mr. Darshit Jain a/w. Mr. Parth Mehta, Mr. Anurag Kalavatiya and Mr. Udit Raghuwanshi i/b. Mr. Bhavesh Joshi for Respondent No.5. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : MARCH 06, 2026 ORDER : (Per Justice Manish Pitale) . 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. 1/21 WP10011_25.doc 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