Bombay High Court
MOTILAL OSWAL HOME FINANCE LTDversusTHE STATE OF MAHARASHTRA THR ADDITIONAL DIST MAGISTRATE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is disposed of as the petitioner has complied with the Court's directions and taken possession of the secured asset.
Summary
The petitioner, Motilal Oswal Home Finance Limited, a secured creditor, filed a writ petition seeking possession of a secured asset. The High Court had earlier issued directions on 23 September 2026 for the petitioner to take physical possession. The petitioner informed the Court that these directions had been complied with and possession had been handed over. The Court noted compliance, directed the State authorities to act on a trespass complaint filed by the petitioner on 23 June 2026, and instructed the petitioner to protect its possession. Consequently, the Court disposed of the writ petition and any pending applications.
Issues considered
- What relief, if any, should be granted to the petitioner after compliance with the Court's earlier directions?
- Whether the petition should be dismissed now that possession has been handed over to the secured creditor?
Subjects
- secured creditor
- possession
- writ petition
- trespass
- compliance
- High Court
Judgment
41_WP11600_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11600 OF 2026
Motilal Oswal Home Finance Limited … Petitioner
Vs.
State of Maharashtra through Additional District
Magistrate and others … Respondents
Mr. Navin Arora for Petitioner.
Ms. P. J. Gavhane, AGP for Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : OCTOBER 05, 2026
P.C. :
. Mr. Arora, learned counsel for the petitioner (secured creditor)
informs this Court that the directions contained in the order dated
23.09.2026 have been complied with and that, physical possession of the
secured asset has been handed over to the petitioner. In that light, it is
submitted that this Court may consider disposing of the petition.
2. In view of the directions issued by this Court being complied
with, no further orders are necessary and the writ petition is disposed of.
3. Pending applications, if any, also stand disposed of.
4. The respondent State authorities are directed to take appropriate
steps in respect of complaint dated 23.06.2026 submitted by the
petitioner regarding the act of trespass.
5. The petitioner (secured creditor) is directed to take necessary
steps to ensure that its possession is now protected and that there is no
further trespass in the property in question.
MINAL Digitally
by MINAL
signed
SANDIP SANDIP PARAB
Date: 2026.10.05
PARAB 17:36:59 +0530
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab 1/1
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