Bombay High Court
MOTILAL OSWAL HOME FINANCE LIMITED THR ITS AUTHORISED OFFICERSversusTHE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed as the petitioner has taken possession of the secured asset in compliance with the order.
Summary
The petitioner, Motilal Oswal Home Finance Limited, a secured creditor, filed a writ petition seeking relief concerning a secured asset. The trial court had earlier issued an order on 14 July 2026 directing the petitioner to take possession of the asset. The petitioner’s counsel informed the High Court that the order had been complied with and possession was taken. The Court observed that, in view of this compliance, there were no remaining matters for adjudication. Consequently, the Court disposed of the writ petition and any pending applications. The decision reflects the principle that once a court‑ordered remedy is fulfilled, the petition stands dismissed.
Issues considered
- Whether the writ petition should be dismissed after the petitioner complied with the order to take possession of the secured asset.
Subjects
- writ petition
- secured creditor
- possession
- disposal
- civil appellate jurisdiction
Judgment
bipin prithiani
1
24-wp-19289.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 19289 OF 2024
Motilal Oswal Home Finance Limited … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
******
Mr. Navin Arora (through V.C.) for the Petitioner.
Mrs. M. S. Bane, AGP for Respondent-State.
BIPIN
DHARMENDER
Digitally signed by
BIPIN DHARMENDER
PRITHIANI ******
PRITHIANI Date: 2026.07.28
11:48:42 +0530
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 27th JULY 2026
P.C. :
. The learned counsel for the petitioner (secured creditor)
informs this Court that order dated 14th July 2026 has been
complied with and possession of the secured asset has been taken
by the petitioner.
2. In view of the above, nothing further survives in this writ
petition and accordingly, it is disposed of.
3. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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