Bombay High Court
MOTILAL OSWAL HOME FINANCE LIMITED THR ITS AUTHORISED OFFICERSversusTHE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Since the order has been complied with and possession taken, nothing survives in the petition and it is disposed.
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 issued an order on 16 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 examined whether any relief remained to be granted after compliance. Finding that the purpose of the petition was fulfilled, the Court held that nothing survived in the writ petition. Consequently, the petition and any pending applications were disposed of.
Issues considered
- Whether the writ petition should be dismissed after the petitioner has taken possession of the secured asset as ordered on 16 July 2026.
Subjects
- writ petition
- secured creditor
- possession
- civil appellate jurisdiction
- disposal
Judgment
bipin prithiani
1
25-wp-19295.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 19295 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. P. M. Joshi-Deshpande, 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 16th 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 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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