Bombay High Court
MOTILAL OSWAL HOME FINANCE LTDversusTHE STATE OF MAHARASHTRA THRU ADDL. D M AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court permitted the withdrawal of the writ petition and disposed of it as withdrawn.
Summary
Motilal Oswal Home Finance Ltd., a secured creditor, filed a writ petition seeking directions for taking physical possession of a secured asset. The High Court had ordered possession on 30 September 2026. Before that date, the borrower settled the dispute and the loan account was closed, rendering possession unnecessary. The petitioner, through counsel Navin Arora, requested permission to withdraw the petition. The Court allowed the withdrawal and disposed of the writ petition as withdrawn, also disposing any pending applications.
Issues considered
- Whether a writ petition seeking possession of a secured asset can be withdrawn after the underlying dispute has been settled and the loan closed
Subjects
- secured creditor
- possession
- writ petition
- withdrawal
- civil appellate jurisdiction
- Maharashtra
Judgment
42_WP11665_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11665 OF 2026
Motilal Oswal Home Finance Limited … Petitioner
Vs.
State of Maharashtra through Additional District
Magistrate, Pune and others … Respondents
Mr. Navin Arora for Petitioner.
Ms. G. R. Raghuwanshi, AGP for Respondents-State.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : OCTOBER 05, 2026
P.C. :
. Although this Court by order dated 23.09.2026 had issued specific
directions for taking physical possession of the secured asset on
30.09.2026, Mr. Arora, learned counsel for the petitioner (secured
creditor) reports that in the meanwhile, the dispute with the borrower is
settled and the loan account has been closed. Accordingly, it is no longer
necessary for the petitioner to take physical possession of the secured
asset.
2. In that light, the learned counsel for the petitioner, on instructions,
seeks permission to withdraw the petition.
3. The writ petition is disposed of as withdrawn.
4. Pending applications, if any, also stand disposed of.
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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