Bombay High Court
JANA SMALL FINANCE BANK LTD THRU OFFICERversusTHE STATE OF MAHARASHTRA THRU G P AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the respondents had complied with its earlier directions, possession was handed over to the petitioner, and therefore the writ petition was disposed.
Summary
Jana Small Finance Bank Limited, a secured creditor, filed a writ petition seeking possession of a secured asset. The High Court had earlier directed the respondents to hand over physical possession to the bank. The petitioners reported that the respondents complied with the order, delivering possession on 28 September 2026, and submitted the requisite Tabepavati and Panchanama. The respondents also indicated that a police complaint regarding trespass by the bank had been filed and should be acted upon expeditiously. The Court, noting compliance with its earlier directions and the pending police matter, found no further relief necessary and disposed of the petition.
Issues considered
- Whether the petitioner bank is entitled to physical possession of the secured asset as per the Court's earlier order
- Whether the police complaint regarding trespass filed by the petitioner should be acted upon
Subjects
- secured creditor
- possession
- writ petition
- police complaint
- trespass
- High Court of Bombay
Judgment
910_WP10671_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10671 OF 2026
Jana Small Finance Bank Limited through its
Authorized Officer Mohammed Abdul Khalid … Petitioner
Vs.
State of Maharashtra and others … Respondents
Mr. Balasaheb S. Choure (through VC) for Petitioner.
Mr. S. P. Kamble, AGP for Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : OCTOBER 07, 2026
P.C. :
. When this petition is called out for consideration, Mr. Choure,
learned counsel for the petitioner bank (secured creditor) as well as
Mr.Kamble, learned AGP inform this Court that the directions contained
in the order dated 16.09.2026 have been complied with and the physical
possession of the secured asset has been handed over to the petitioner
bank on 28.09.2026. Copies of Tabepavati and Panchanama are handed
over by the learned AGP. The same are taken on record.
2. The learned AGP submits that on the police complaint regarding
trespass made by the petitioner bank, the police authorities shall
expeditiously take appropriate steps in accordance with law.
3. In view of the above, no further orders are necessary in the writ
petition and accordingly, it is disposed of.
4. Pending applications, if any, also stand disposed of.
MINAL Digitally signed by
MINAL SANDIP PARAB
SANDIP Date: 2026.10.07
PARAB 17:48:59 +0530
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab 1/1
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