Bombay High Court
PNB HOUSING FINANCE LTD.versusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the writ petitions, finding that possession of the secured assets had been handed over to the petitioner and directing the police to act on the complaints within two weeks.
Summary
The High Court, hearing two interim applications in writ petitions filed by PNB Housing Finance Ltd. against the State of Maharashtra and others, noted that earlier orders dated 12 August 2026 directed that physical possession of the secured assets be handed over to the petitioner, a secured creditor. The petitioner’s counsel submitted that these directions had been complied with and sought disposal of the petitions. The Court observed that specific directions had also been issued to a Police Inspector to report on steps taken regarding complaints of trespass on the secured assets. Considering that possession had been transferred to the petitioner, the Court inclined to dispose of the petitions, while directing the Senior Police Inspector to take further steps on the complaints within two weeks. Consequently, the writ petitions and pending applications were ordered disposed of, with a directive to the police to act promptly.
Issues considered
- Whether the writ petitions can be disposed of after compliance with the Court's earlier directions to hand over possession of the secured assets to the petitioner
- Whether the police are required to take further action on the petitioner's complaints of trespass concerning the secured assets
Subjects
- writ petition
- secured creditor
- possession of secured assets
- police action
- interim application
- High Court of Bombay
- compliance with court directions
Judgment
35-IA-13046-2025@ IA-13078-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13046 OF 2025 (Sr. No. 35)
IN
WRIT PETITION NO. 17279 OF 2024
PNB Housing Finance Ltd. … Petitioner
Versus
SWEETY
RAJU
BHALERAO
State of Maharashtra and others … Respondents
Digitally signed
by SWEETY
RAJU
BHALERAO
Date:
2026.08.25
18:30:16 +0530
AND
INTERIM APPLICATION NO. 13078 OF 2025 (Sr. No. 36)
IN
WRIT PETITION NO. 17331 OF 2024
PNB Housing Finance Ltd. … Petitioner
Versus
State of Maharashtra and others … Respondents
******
Mr. Sanjay Anabhawane, for Petitioner.
Ms. Kavita N. Solunke, Addl. G.P., a/w Mr. S. P. Kamble, AGP for
Respondent/State.
******
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT,JJ.
DATE : 25th AUGUST 2026.
PC:
1. In these petitions by orders dated 12/08/2026, this Court had issued
specific directions to ensure that physical possession of the secured assets
was handed over to the petitioner (secured creditor).
2. The learned counsel for the petitioner submits that the directions
issued in the said orders have been complied with and that the petitions can
Bhalerao 1
35-IA-13046-2025@ IA-13078-2025.doc
be disposed of.
3. We find that specific directions were also issued to the Respondent
Police Inspector to report as to what steps were taken on the complaints filed
by the petitioner with regard to the trespass into the secured assets.
4. In the light of the physical possession of the secured assets being
handed over to the petitioner, we are inclined to dispose of the petitions. At
the same time, an appropriate direction can be issued to the respondent
Senior Police Inspector of the concerned police station.
5. In view of the above, the writ petitions are disposed of.
6. The Senior Police Inspectors of the concerned Police Stations are
directed to take further steps in the light of the complaints filed by the
petitioner at the earliest and in any case within two weeks from today.
7. Pending applications also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 2
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