Bombay High Court

ICICI HOME FINANCE COMPANY LTD AND ANRversusTHE STATE OF MAHARASHTRA THRU D M AND ORS

Decided: 23 September 2026
Disposal: Disposed Off

Holding

Since the direction for taking physical possession of the secured assets has been complied with, the petitions stand disposed.

Summary

M/s. PNB Housing Finance Ltd. and ICICI Home Finance Company Ltd., as secured creditors, filed writ petitions before the Bombay High Court seeking a direction to take physical possession of the secured assets held by the State of Maharashtra. The petitioners argued that such possession was necessary to protect their security interests. The Court examined whether the direction for possession had been complied with and whether any further relief was required. It was found that the petitioners had already taken physical possession in accordance with the earlier direction. Consequently, the Court held that there was no remaining issue to adjudicate and ordered the disposal of the petitions. All pending applications, if any, were also dismissed.

Issues considered

Whether the petitioners are entitled to physical possession of the secured assets.
Whether any further relief is warranted after the direction for possession has been complied with.

Subjects

secured creditors
physical possession
writ petition
disposal
high court

Judgment

bipin prithiani
                                      1
                                                     22&24-wp-10682.26 & anr.doc

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
              WRIT PETITION NO. 10682 OF 2026
M/s. PNB Housing Finance Ltd. & Anr.        …   Petitioners
       Versus
The State of Maharashtra & Ors.             …   Respondents
                            WITH
              WRIT PETITION NO. 10723 OF 2026
ICICI Home Finance Company Ltd. & Anr. …        Petitioners
       Versus
The State of Maharashtra & Ors.             …   Respondents
                            ******
Mr. Ajay Deshmane i/by V. Deshpande & Co. for Petitioners in
both Writ Petitions.
Ms. Nashra Zaidi a/w Ms. Shrushti Vishwakarma i/by Yogesh
Dandekar & Co. for Intervenor in WP/10682/2026.
Mrs. P. M. Joshi-Deshpande, AGP for Respondent-State in
WP/10682/2026.
Mrs. Tanu N. Bhatia, AGP for Respondent-State in WP/10723
/2026.
                            ******
                      CORAM : MANISH PITALE AND
                                  SHREERAM V. SHIRSAT, JJ.
                      DATE      : 23rd SEPTEMBER 2026
P.C. :
.         The learned counsel for the petitioners (secured creditors)
informs this Court that direction issued for taking physical
possession of the secured assets has been complied with. Hence,
nothing survives in these petitions and therefore, the same are
disposed of as such.

2.        Pending applications, if any, also stand disposed of.



    (SHREERAM V. SHIRSAT, J.)                    (MANISH PITALE, J.)
             Digitally signed by
BIPIN        BIPIN DHARMENDER
DHARMENDER   PRITHIANI
PRITHIANI    Date: 2026.09.23
             15:57:40 +0530

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