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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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