STATE BANK OF INDIA vs THE STATE OF MAHARASHTRA AND ORS. — APEAL/860/2023

Case under Mah. Protection of Interests of Depositors Section 11, 7(3), 5(3). Disposed: Contested--Allowed on 08th May 2026.

CNR: HCBM010249462023

CASE DISPOSED

e-Filing Number

02-06-2023

Filing Number

REVN/10205/2023

Filing Date

06-06-2023

Registration No

APEAL/860/2023

Registration Date

14-07-2023

Judge

HON'BLE SHRI JUSTICE A.S. GADKARI , HON'BLE JUSTICE KAMAL KHATA

Coram

HON'BLE SHRI JUSTICE A.S. GADKARI , HON'BLE JUSTICE KAMAL KHATA

Bench Type

Division

Category

CRIMINAL ( 9 )

Sub-Category

OTHERS ( 99 )

Judicial Branch

Criminal

Decision Date

08th May 2026

Nature of Disposal

Contested--Allowed

Acts & Sections

Mah. Protection of Interests of Depositors Section 11, 7(3), 5(3)

Petitioner(s)

STATE BANK OF INDIA

Adv. MDP LEGAL,PARINAM LAW ASSOCIATES,PARINAM LAW ASSOCIATES, ,PARINAM LAW ASSOCIATES

Respondent(s)

THE STATE OF MAHARASHTRA AND ORS.

THE COMPETENT AUTHORITY

Adv. MS. REBECCA GONSALVEZ (SPL. P.P.)

M/S. NATIONAL SPOT EXCHANGE OF INDIA LTD

Adv. MZM Legal

MYNAH INDUSTRIES LTD.

METKORE ALLOYS AND INDUSTRIES LIMITED

SATHIDHAM SYNTEX LIMITED

PRASHANT BOORGU

SARITHA PRASHANT BOORGU

Hearing History

Judge: HON'BLE SHRI JUSTICE A.S. GADKARI , HON'BLE JUSTICE KAMAL KHATA

17-07-2023

FOR CIRCULATION

03-09-2025

-FOR ORDERS

19-06-2025

FOR ORDERS (DUE MATTERS)

11-03-2025

FOR ORDERS (DUE MATTERS)

21-01-2025

FOR ORDERS (DUE MATTERS)

Orders

08-05-2026
HON'BLE SHRI JUSTICE A.S. GADKARI,HON'BLE JUSTICE KAMAL KHATA

Case Summary: The Bombay High Court allowed State Bank of India's appeals against an order blocking the bank's sale of mortgaged properties under the SARFAESI Act. The court held that SBI, as a secured creditor with prior mortgage rights, could proceed with asset recovery despite the properties being attached in a criminal investigation into the NSEL scam, finding no prejudice to NSEL depositors since SBI's financial capacity ensures requisite amounts can be deposited if ultimately required. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: The Bombay High Court allowed State Bank of India's appeals against an order blocking the bank's sale of mortgaged properties under the SARFAESI Act. The court held that SBI, as a secured creditor with prior mortgage rights, could proceed with asset recovery despite the properties being attached in a criminal investigation into the NSEL scam, finding no prejudice to NSEL depositors since SBI's financial capacity ensures requisite amounts can be deposited if ultimately required. This case analysis is maintained by casestatus.in based on publicly available court records.

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