Bombay High Court

PEGASUS ASSETS RECONSTRUCTION PVT LTDversusTHE STATE OF MAHARSHTRA REPRESITING LD DISTRI AND ANR

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The court held that the writ petition may be withdrawn when the petitioner has obtained the relief sought, namely physical possession of the property.

Summary

Pegasus Assets Reconstruction Pvt. Ltd., a secured creditor, filed a writ petition in the High Court of Bombay. The petitioner obtained physical possession of the disputed property by order dated 24 August 2026. After securing possession, the petitioner moved the court seeking permission to withdraw the writ petition. The court examined whether the petition should continue in view of the relief already granted. Finding that the petitioner no longer required the writ relief, the court allowed the withdrawal and disposed of the petition as withdrawn, along with any pending applications.

Issues considered

Whether the writ petition should be allowed to continue after the petitioner has taken physical possession of the property.

Subjects

writ petition
withdrawal
secured creditor
possession
civil procedure

Judgment

bipin prithiani
                                            1
                                                               40-wp-12478.25.doc

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                             WRIT PETITION NO. 12478 OF 2025

Pegasus Assets Reconstruction Pvt. Ltd. …   Petitioner
     Versus
The State of Maharashtra & Ors.         …   Respondents
                             WITH
      INTERIM APPLICATION (ST.) NO. 25585 OF 2026
                               IN
             WRIT PETITION NO. 12478 OF 2025
                             ******
Mr. Kuldeep Kumar Saroj i/by Mr. R. L. Motwani for Petitioner.
Mrs. P. M. Joshi-Deshpande, AGP for Respondent-State.
                             ******
                      CORAM : MANISH PITALE AND
                                 SHREERAM V. SHIRSAT, JJ.

                                    DATE    : 7th SEPTEMBER 2026

P.C. :

.         The learned counsel for the petitioner (secured creditor)
submits that since physical possession of the property has been
taken in terms of order dated 24th August 2026, the petitioner
seeks permission to withdraw the writ petition.

2.        The writ petition is disposed of as withdrawn. 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: 2026.09.08
             11:13:01 +0530

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