Bombay High Court
JANA SMALL FINANCE BANK LTDversusTHE STATE OF MAHARASHTRA THR GOVT PLEADER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Since the court's earlier directions for possession have been complied with, the writ petition is disposed of.
Summary
Jana Small Finance Bank Ltd., a secured creditor, filed a writ petition seeking the physical possession of a secured asset. The High Court earlier, on 16 September 2026, ordered that possession be taken on 28 September 2026 and listed the petition for compliance. On the date of hearing, the petitioner did not appear, but the learned Additional Government Pleader submitted a written instruction from the Tahsildar confirming that the court's directions had been complied with and possession was handed over to the bank on 28 September 2026. The court recorded the instruction dated 30 September 2026 as part of the record. Since the court's earlier directions were fulfilled, the judges held that no further orders were required. Consequently, the writ petition was disposed of.
Issues considered
- What is the appropriate judicial response when a court's earlier direction for possession of a secured asset has been complied with?
Subjects
- secured creditor
- possession
- writ petition
- compliance
- disposal
Judgment
912_WP_10672_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10672 OF 2026
Jana Small Finance Bank Ltd. … Petitioner
vs.
The State of Maharashtra and others … Respondents
None for petitioner – secured creditor.
Ms. P. M. Joshi Deshpande, AGP for respondents – State authorities.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 08th OCTOBER, 2026
P.C. :
. In this petition, on 16.09.2026, this Court had passed an order
issuing specific directions for the physical possession of the secured
asset being taken on 28.09.2026 and the petition was directed to be
listed for compliance.
2. Today when the petition is called out for consideration, there is
no appearance on behalf of the petitioner – bank (secured creditor).
But, the learned AGP submits that she has received written
instructions from the Tahsildar, Khalapur, stating that the directions
issued by this Court, have been complied with and the physical
possession of the secured asset has been taken on 28.09.2026 and
handed over to the petitioner – bank. Copy of the written instructions
dated 30.09.2026 are tendered. The same are taken on record.
3. Since the directions issued by this Court have been complied
with, no further orders are necessary,
4. Accordingly, the writ petition is disposed of. Pending
Digitally signed
by PRIYA
applications, if any, also stand disposed of.
PRIYA KAMBLI
KAMBLI Date:
2026.10.08
17:56:33 +0530
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
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